Abhishek Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23892 of 2018 ====================================================== Abhishek Kumar Singh S/O Sri. Jai Kumar Singh R/O village- Khaira, P.SJarigaon, District- Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Sasaram, Rohtas.

3.

The Superintendent of Police, Sasaram, Rohtas. 4.

Sub-Division Officer, Sasaram, Rohtas 5.

Officer-in-charge, Jarigaon Thana, Distt.- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Saurabh For the Respondent/s :

Mr.Md. Nadim Seraj- Gp5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of petitioner submits that N.P. Bore Double Barrel Gun license was issued in favour of grand father of the petitioner 40 years ago. The grand father is very old and when he crossed the age of 80 years, the petitioner applied for Gun License. Learned counsel for the petitioner submits that all concerned have recommended for grant of arms license to the petitioner, yet final decision has not been taken.

The present application was filed by the petitioner for grant of gun license on 12.06.2015 and the authorities under the

Patna High Court CWJC No.23892 of 2018(2) dt.08-05-2019 2/2 Scheme of the act have recommended the case of the petitioner for grant of gun license in place of his grand father but the District Magistrate, Rohtas at Sasaram is sitting tight over the matter and till date no decision was taken by the licensing authorities.

Considering the aforesaid, the writ application is disposed of with a direction to the District Magistrate, Rohtas at Sasaram to take appropriate decision on the application for grant of arms license in the light of 2016 Rules. Division Bench has recently decided the principle for the purpose of grant of license in the case State of Bihar and Ors. Vs. Deepak Kumar (LPA No. 758 of 2018) reported in 2019(1) PLJR 664 the aforesaid judgment should be kept in mind while taking decision. With the aforesaid, the present application stands disposed of with direction to the District Magistrate, Rohtas at Sasaram to take appropriate decision on the application of the petitioner for grant of gun license within a maximum period of 60 days after the general election.

(Anil Kumar Upadhyay, J) mdrashid/- U