IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5589 of 2009 BADRI PRASAD CHAUBEY, son of late Ram Surat Choubey, resident of village Chhitandihrea, P.S.Kochas, Dist. Rohtas-------------petitioner Versus 1.THE STATE OF BIHAR 2.The District Magistrate, Rohtas at Sasaram----------------------------respondent ----------- For the petitioner :M/S Naresh Kr.Malhotra Binod Kr.Sinha-2 For the respondents:Mr.P.K.Verma,AAG XI Dr.Mankeshwar Tiwari, A.C.to AAG XI ----- 2. 01.05.2009 Heard learned counsels for the parties. The petitioner is aggrieved by the order dated 8.12.2008 passed in Arms Case No. 590 of 2006/371 of 2006-2008 by which the prayer for grant of arms licence has been rejected by the District Magistrate, Rohtas at Sasaram holding that the petitioner has not been able to prove threat perception for grant of arms licence. A preliminary objection is taken by learned counsel for the respondents that the impugned order is appealable before the Divisional Commissioner. In the above circumstances, the writ application is disposed of with a liberty to the petitioner to approach the Divisional Commissioner against the impugned order dated 8.12.2008. In case such an appeal is filed along 2 with an application for condonation of delay then the Commissioner shall consider the same in view of the fact that the petitioner had been pursuing his remedy before this Court and dispose of the appeal within a period of four months from the filing of such appeal. (Ramesh Kumar Datta,J.) spal/