Patna High CourtCWJC/18758/2015disposed

Birendra Kumar Singh v. The State Of Bihar And ORS

2016-01-04Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18758 of 2015 ====================================================== Birendra Kumar Singh S/o late Nand Kishore Singh Resident of VillageMustafapur, Po Kanchanpur, P.s Fatuha, District Patna. .... .... Petitioner

Versus

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

2. District Magistrate, Patna.

3. District Arms Magistrate, Patna.

4. Divisional Commissioner, Patna.

5. Divisional Commissioner, Patna.

6. Sr. Superintendent of Police, Patna.

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

For the Petitioner : Ms Manisha Pandey, Advocate For the State : Mr. Chandra Shekhar Singh, AC to GP 16 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and the State. It is contended that the petitioner's father was holding N.P. bore rifle under a valid licence, however, after his death the firearm was deposited with the Arms Dealer and the petitioner applied for grant of licence for N.P. bore rifle so that he could retain his father's gun in his name. However, though such application was filed in the year 2012 itself no decision has been taken as yet by the licensing authority.

Learned counsel for the State has submitted on instruction that the District Magistrate has fixed 18.01.2016 as the date for final hearing of the matter so that early decision could be taken in the case.

Patna High Court CWJC No.18758 of 2015 (2) dt.04-01-2016 Accordingly, this application is being disposed of with a direction to the petitioner to appear before the District Magistratecum-Licensing Authority, Patna and, thereafter, final decision should be taken in the matter on its own merit and in accordance with law by him within a period of four weeks thereafter. However, while doing so, he would be obliged to consider the "Family Heirloom Policy" as well as the decision of this Court rendered in Manish Kumar v. The State of Bihar and others and other analogous cases (2015(4) Patna Law Journal Reports 212).

(Dr. Ravi Ranjan, J) SC/- U