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Patna High CourtCWJC/21044/2018disposed

Satish Kumar v. The State Of Bihar And ORS

2019-05-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21044 of 2018 ====================================================== Satish Kumar S/o Haribansh Singh, Resident of Village- Naya Tola, Saguna, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

District Magistrate, Patna.

3.

District Arms Magistrate, Patna.

4.

Additional District Magistrate Arms, Patna.

5.

Sub-Divisional Officer, Danapur.

6.

Senior Superintendent of Police, Patna.

7.

S.H.O. Danapur Police Station, Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Pandey Mr.Hansa Jha For the Respondent/s :

Mr.M. Kumar, AC to GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-05-2019 Petitioner is aggrieved by the indecisiveness of the District Magistrate in the matter of grant of arms license. Father of the petitioner was the original licensee of license no. 1831/1988.

Father of the petitioner died on 11.8.2012 thereafter gun was deposited with M/s. P.L. Sharma & Sons, Arms & Ammunition dealer. After depositing of the arms license, petitioner applied for grant of arms license and for transfer of the D.B.B.L. gun in favour of the petitioner. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.21044 of 2018(2) dt.15-05-2019 2/2 application for the petitioner for grant of gun license was rejected by the District Magistrate, despite the favourable recommendation by the concerned authority. After decision of the Collector dated 9.7.2013, the petitioner preferred appeal before the Commissioner. The Commissioner on consideration of the appeal allowed the same vide Annexure-5. On 15.7.2016 the Central Government issued fresh format for submission of application form for grant of gun license. Following the notification of the Central Government dated 15.7.2016, the petitioner has submitted application in the form prescribed by the Central Government vide notification dated 15.7.2016. Unfortunately, more than seven months has passed yet no decision was taken by the District Magistrate.

Considering the aforesaid, the present application is disposed of with direction to the District Magistrate to take appropriate decision for grant of gun license of the petitioner in the light of the order passed by the Commissioner in Appeal No. 668 of 2013 dated 26.4.2016 within a maximum period of sixty days after general election.

(Anil Kumar Upadhyay, J) Ravi/- U