Irfan Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1236 of 2016 ====================================================== Irfan Alam, S/o Late Abdul Salam, Resident of Village - Margi, P.S. - Mahua, District - Vaishali.

.... .... Petitioner

Versus

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

2. District Magistrate, Vaishali.

3. Divisional Commissioner, Tirhut Division, Muzaffarpur.

4. Additional District Magistrate (Arms), Vaishali.

5. District Arms Magistrate, Vaishali.

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

For the Petitioner : M/s. Manisha Pandey, Shweta Pandey, Deepak Kumar, Advocates For the State : Mr. Vivek Anand Amritesh, A.C. to G.P. 21 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 28-03-2016 Heard parties.

Petitioner seeks quashing of the order dated 30.07.2015 by which firearm licence has been cancelled on the ground of non-submission of NDAL form till the date fixed even though notices were published in the newspaper. However, this is admitted fact that date of submission of such form has been extended till 31.03.2016 and others have been granted benefit of extension whereas the petitioner's licence has been cancelled. The order is bad for another reason also as it has been stated that for the long period petitioner has not been able to renew his licence but Annexure 1,

Patna High Court CWJC No.1236 of 2016 (4) dt.28-03-2016 2 / 2 which is a copy of the licence, shows in clear terms that the same has been renewed till 2017.

Thus, in my view, the order has to be set aside and, accordingly, ordered as such. Let the petitioner submit the NDAL form till 31.03.2016 which should be accepted by the authority concerned and, thereafter, if the petitioner's licence has been renewed till 2017 as claimed then firearm concerned should be released by the authorities without making any delay. This writ application stands allowed.

(Dr. Ravi Ranjan, J) Sanjay-II/- U