Sudhir Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 521 of 2019 Arising out of Civil Writ Jurisdiction Case No. 4886 of 2009 ====================================================== Sudhir Kumar Gupta aged about 46 years (Male) Son of Late Narain Lal, resident of Village/ Mohalla- Kamla Nehru Nagar, P.O.- G.P.O., Patna, Police Station- Kotwali, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar, through its Home Secretary Sri Amir Subhani, Bihar, Patna.

2.

The District Magistrate Sri Kumar Ravi Patna, District- Patna. 3.

The Superintendent of Police Smt. Garima Mallik District- Patna. 4.

The Deputy Superintendent of Police Sri Rajesh Kumar Patna. 5.

The Officer-in-Charge Sri Ram Shanker Singh Kotwali Police Station, Patna District, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pancham Lal Jaiswal, Advocate For the State :

Mr. Ajay Kumar Shama, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-09-2019 Heard learned counsel for the petitioner and learned AC to AG for the State.

2. The petitioner has moved the Court alleging violation of order dated 17.04.2009 passed in CWJC No. 4886 of 2009. The writ petition was disposed off in the following terms. "The petitioner is aggrieved by the fact that his application for arms licence is effectively pending since the year 1997 when he had first applied for the same but when it was told to him by the authorities that his application is missing

Patna High Court MJC No.521 of 2019 dt.30-09-2019 2/2 he again filed application in the year 2006. The said application has not yet been disposed of. In the above circumstances, the writ application is disposed of with a direction to the District Magistrate, Patna to consider and dispose of the application filed by the petitioner within a period of three months from the date of receipt/production of a copy of this order."

3. The petitioner himself has brought on record copy of order contained in Memo No. 3509 dated 12.09.2009 indicating that his application for grant of Arms licence has been rejected.

4. Further, the order communicating such rejection is dated 12.09.2009, whereas the present application has been filed in February, 2019, i.e., after almost nine and a half years.

5. Be that as it may, the Court finds that the present application is totally misconceived. A direction was given to the authorities to take a final decision on the application of the petitioner. The same was duly complied with in September, 2009 itself. Thus, there cannot be any question of contempt.

6. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T