Subhash Chandra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4536 of 2019 ====================================================== Subhash Chandra Singh, Ex- Army, Army No. 6939566L Son of Bishwanath Singh Resident of Village- Baligaon, Police Station- Ayar, District- Bhojpur. ... ... Petitioner.

Versus

1.

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

2.

The Commissioner, Patna Division, Patna 3.

The District Magistrate, Bhojpur at Ara.

4.

The Sub Divisional Magistrate, Bhojpur at Ara. 5.

The District Arms Magistrate, Bhojpur at Ara. 6.

The Superintendent of Police, Bhojpur at Ara. 7.

The S.H.O. Ayar Police Station Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

Mr.Rahul Nath, Adv.

For the State :

Mr. Saroj Kumar Sharma, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and the State. In the present writ application, the petitioner has prayed for issuance of an appropriate writ and/or order and/or direction commanding the respondents to grant arms license for revolver to the petitioner as being an Ex-army man for his livelihood after retirement.

On the earlier occasion, the petitioner had preferred a writ application bearing CWJC No. 6842 of 2012. The said writ application was disposed of vide order dated 24-01-2013 with a direction to the District Magistrate, Bhojpur to consider

Patna High Court CWJC No.4536 of 2019(2) dt.07-03-2019 2/3 the pending application of the petitioner for grant of Arms License and pass an appropriate order within a period of two months from the date of receipt/production of copy of the order. The application for grant of Arms License of the petitioner was rejected by order dated 03-09-2013 vide Annexure-2 to the present application. Against the said order, the petitioner preferred an appeal before the Divisional Commissioner, Patna. The Divisional Commissioner remitted the matter back to the District Magistrate, by order dated 26-042016 passed in Arms Appeal-122-2014 to reconsider the case of the petitioner.

In pursuance of the order passed in the aforesaid appeal, the petitioner filed a representation/application dated 2908-2016 before the District Magistrate vide Annexure-4 which was received by office of the District Magistrate on 30-08-2016. The application dated 29-08-2016 is pending till date before the District Magistrate, Bhojpur (respondent No. 3) and no order has been passed in pursuance of the order dated 26-04-2016 passed in Arms Appeal-122-2014.

Considering the aforesaid facts and circumstances, the District Magistrate, Bhojpur (respondent No. 3) is directed to consider the representation/application of the petitioner in the light of the order dated 26-04-2016 passed in Arms Appeal-122-

Patna High Court CWJC No.4536 of 2019(2) dt.07-03-2019 3/3 2014 and pass an appropriate order in accordance with law at the earliest, in compliance of rule 13 of the Arms Rules, 2016. With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U