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Patna High CourtCWJC/2201/2024disposed

Shankar Sahni v. The State Of Bihar

2024-04-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2201 of 2024 ====================================================== Shankar Sahni Son of Laxan Sahni Resident of Village Balughat, Ashram Ghat, Bhagwanpur, P.S.- Town, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Senior Superintendent of Police, Muzaffarpur. 4.

The Arms Magistrate, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Respondent/s :

Mr.Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i. To issue an appropriate order/s direction/s including a writ preferably in the Nature of Mandamus commanding and directions upon the respondents to issue Arms License of Rifle/Hand Gun (Revolver/Pistol) to the Petitioner in response to this application filed on 16.02.2019.

ii. To hold that sitting over the matter relating to issuing of Arms License of Rifle/Hand Gun (Revolver/Pistol) is gross case of inaction, nonexercise of power and unfair act on the part of License Authority.

iii. To issue an appropriate writ commanding

Patna High Court CWJC No.2201 of 2024(2) dt.29-04-2024 2/3 and directing the respondent No.3 to provide security to the petitioner as petitioner is apprehending loss of his life and property since an attempt has been made to kill the petitioner."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Arms Magistrate, Muzaffarpur, to consider and dispose off the application, filed by the petitioner on 16.02.2019, for grant of arms license.

3. Per contra, the learned counsel for the respondent-State submits that in case, the petitioner has filed an application for grant of arms license and the same is still pending, the same shall definitely be disposed off, by the District Arms Magistrate, Muzaffarpur, within a stipulated time frame, as is directed by this Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Arms Magistrate, Muzaffarpur, to consider the aforesaid application, filed by the petitioner, in case the same has been filed and is still pending and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

5. The writ petition stands disposed off on the

Patna High Court CWJC No.2201 of 2024(2) dt.29-04-2024 3/3 aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U