Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13058 of 2016 =========================================================== Ashok Kumar Singh, S/o Late Upendra Narayan Singh, Resident of VillageChhapakahi, P.S.- Supaul, District- Supaul. .... .... Petitioner

Versus

1. The State of Bihar through Home Secretary, Govt. of Bihar.

2. District Magistrate, Supaul.

3. Divisional Commissioner, Patna Division, Saharsa.

4. Additional District Magistrate (Arms), Supaul.

5. District Arms Magistrate, Supaul.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : M/s Manisha Pandey and Shweta Pandey, Advocates For the Respondent/s : Mr. H.S.Sundaram, AC to SC8 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 09-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 28.9.2015 as contained in Annexure 5 by which his applications for grant of licence for N.P. Bore rifle have been rejected. It is contended on behalf of the petitioner that two separate applications for grant of N.P. Bore pistol and N.P. Bore rifle were made on 12.8.2014 which have been considered by same order and both the applications have been rejected. Petitioner challenges the rejection of the application for grant of licence for N.P. Bore pistol / revolver by filing C.W.J.C. No.17379 of 2015 which was allowed vide Annexure 6 dated

Patna High Court CWJC No.13058 of 2016 dt.09-01-2017 2/2 23.11.2015. The order impugned was quashed and set aside. The matter was remitted back to the licensing authority for fresh consideration for grant of licence for N.P. Bore pistol which has eventually been granted to the petitioner.

However, this writ application has been filed against that part of the impugned order by which the licence for grant of N.P. Bore rifle has been rejected.

Learned counsel for the State points out that since the order impugned by which both the licenses were rejected has already been quashed and set aside, no separate order is required to be passed.

Accordingly, this writ application stands disposed of in terms of order dated 23.11.2015 passed in C.W.J.C. No. 17379/2015 as contained in Annexure 6. The licensing authority is directed to consider afresh the application of the petitioner for grant of licence of N.P. Bore rifle on its own merit and in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.05.2017 Transmission Date NA