Pankaj Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1155 of 2014 ====================================================== Pankaj Kumar Jha, son of Shri Roop Narayan Jha, resident of VillagePathrahi Tola, P.S. + P.O.- Jhanjharpur R.S., District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Secretary, Department of Home, Government of Bihar, Patna.

3. Commissioner, Darbhanga Division, Laheriasarai.

4. District Magistrate, Madhubani.

5. Superintendent of Police, Madhubani.

6. Sub-Divisional Police Officer, Jhanjharpur, Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binodanand Mishra For the Respondent/s : Mr. Anil Kumar, AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-07-2015 Heard Mr. Binodanand Mishra, learned counsel appearing for the petitioner and Mr. Anil Kumar, learned Assisting Counsel to Standing Counsel No.10 for the State. A very limited prayer has been made in this writ petition praying for a direction to the District Magistrate, Madhubani who happens to be the Licensing Authority under the Arms Act, 1959 and 'the Rules' framed thereunder for disposal of the application filed by the petitioner for grant of arms licence.

It is the complaint of the petitioner that he applied for grant of licence of revolver in a prescribed format which is stated to have been forwarded by the Officer In-charge along

Patna High Court CWJC No.1155 of 2014 (2) dt.07-07-2015 with the report to the Sub-Divisional Police Officer, Jhanjharpur vide Memo no.249/08 dated 3.5.2008. It is further stated that the Sub-Divisional Police Officer, Jhanjharpur vide Memo no.854 dated 10.5.2008 forwarded the application of the petitioner with the recommendation of the Officer In-charge to the Superintendent of Police, Madhubani and the Superintendent of Police vide his letter No.4661 dated 19.9.2008 has forwarded the application of the petitioner to the District Magistrate, Madhubani along with his recommendation. The grievance of the petitioner is that since thereafter the matter is pending for disposal before the District Magistrate, Madhubani. A counter affidavit has been filed on behalf of the Superintendent of Police, Madhubani who supports the statements of the petitioner by submitting that the application of the petitioner has been forwarded along with the necessary documents to the District Magistrate, Madhubani vide Memo no.4661 dated 19.9.2008.

Having heard learned counsel for the parties and taking into consideration the limited grievance raised in this writ petition as also the fact that the matter is pending disposal for the last 7 years before the District Magistrate, Madhubani, this writ petition is disposed of with a direction to the District

Patna High Court CWJC No.1155 of 2014 (2) dt.07-07-2015 Magistrate, Madhubani to consider the grievance of the petitioner and dispose of the same within a period of three months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) SKPathak/- U