Patna High CourtCWJC/15892/2016allowed

Asif Ali v. The State Of Bihar And ORS

2016-12-19Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15892 of 2016 =================================================== Asif Ali, Son of Late Sahabuddin Warsi @ Warsi Ahmed, Resident of Village-Hasanpur Osti, P.S.-Mahua, District-Vaishali. .... .... Petitioner.

Versus

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

2. The District Magistrate, Vaishali District - Vaishali.

3. The District Arms Magistrate, Vaishali at Hajipur.

4. The Superintedent of Police, Vaishali, District-Vaishali.

5. The Officer-in Charge, Mahua Police Station, Mahua, DistrictVaishali. .... .... Respondents.

=================================================== Appearance :

For the Petitioner : Mr. Ganesh Prasad Singh, Adv. For the Respondents: Mr. Mrigendra Kumar, AC to GA4 =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 19-12-2016 Heard learned counsel for the petitioner and the State.

Petitioner seeks quashing of order dated 31.07.2005 passed by the District Arms Magistrate, Vaishali, as contained in Annexure-5, by which his licence for DBBL Gun has been cancelled on the ground that he could not submit NDAL Form. It is submitted that the identical case has been allowed in terms of Annexure-6 & 7. That apart it also appears from Annexure-2 that the petitioner's licence was renewed in the

Patna High Court CWJC No.15892 of 2016 dt.19-12-2016 year 2013 and was valid till December, 2015. Error has been committed by stating that petitioner has not been able to renew his licence for a long period.

Accordingly, this writ petition is allowed in terms of judgments dated 20.06.2016 and 27.06.2016 passed in CWJC Nos. 5904 of 2016 and 7643 of 2016, as contained in Annexure6 & 7 respectively. The order impugned, as contained in Annexure-5 is quashed and set aside. Petitioner is permitted to fill up the NDAL Form within a period of eight weeks and submit it before the Licensing Authority and, thereafter, a decision should be taken by the Licensing Authority within a period of two months.

However, if the petitioner again fails to fill up NDAL Form then the Licensing Authority would be at liberty to pass necessary order in this matter.

Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2017 Transmission Date NA