Shadabul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 965 of 2017 Arising out of Civil Writ Jurisdiction Case No. 4421 of 2015 ====================================================== Shadabul Haque aged about 45 years Son of Late Capt. S.M.A. Haque, resident of Haque Manzil, Bans Kothi, Digha Ghat, P.O. + P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

District Magistrate-cum-District Arms Magistrate Patna. 3.

Sanjay Kumar Agrawal, District Magistrate, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Sanjay Kumar Ghosarvey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-08-2019 Nobody appears on behalf of the petitioner. Learned AC to AAG 3 for the State is present.

2. The application has been filed alleging non compliance of the judgment dated 17.09.2015 passed in CWJC No. 4421 of 2015.

3. The writ petition was disposed off in the following terms:

"The matter is remitted back to the District Magistrate-cum-licensing authority, Patna to take decision in accordance with law and also

Patna High Court MJC No.965 of 2017 dt.28-08-2019 2/3 considering the decision of this Court rendered in CWJC No. 18535 of 2011 (Manish Kumar Vrs.

State of Bihar) and other analogous cases as well as existing Family Heirloom policy. It is expected that the entire exercise would be completed within a period of three months from the date of receipt/production of a copy of this order."

4. From the show cause filed on behalf of opposite parties no. 1 and 2, it transpires that the application of the petitioner for grant of arms licence has been rejected.

5. Thus, technically, the order of the writ Court may have been complied by the authorities but the direction was for considering the application in terms of the existing Family Heirloom Policy as also the decision rendered in CWJC No. 18535 of 2011 in the case of Manish Kumar Vrs. State of Bihar and other analogous cases, but the sole ground of rejection is that the other heirs of the deceased father of the petitioner had not appeared before the District Magistrate, Patna along with their individual affidavit. On this, the Court would only observe that if such contention is met, the application for grant of licence to the petitioner shall be reconsidered by the District Magistrate, Patna and the order passed by him contained in Memo No. 1146 dated 08.07.2017, copy of which has been made Annexure-C to the supplementary show cause filed on behalf of opposite party no. 2, shall not come in the way of such consideration.

Patna High Court MJC No.965 of 2017 dt.28-08-2019 3/3

6. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T