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Patna High CourtCWJC/24604/2018disposed

Munan Devi v. The State Of Bihar And ORS

2019-04-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24604 of 2018 ====================================================== Munan Devi W/o Pramod Prasad R/o Village/Mohalla- Abdullapur, P.O.- Kanchanpur, P.S.- Fatua, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Principal Secretary, HomePolice Department, Government of Bihar, Patna 3.

Commissioner, Patna Division, Patna 4.

District Magistrate, Patna 5.

Senior Superintendent of Police, Patna 6.

District Arms Officer, Patna 7.

Sub Divisional Officer, Patna City, District- Patna 8.

S.D.P.O., Fatua , District- Patna 9.

S.H.O., Fatuha Police Station, District- Patna 10.

Circle Officer, fatua Block, District- Patna null null ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. Sheo Shankar Prasad -SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of petitioner submits that Double Barrel Gun license was issued in favour of father-in-law of the petitioner and her father-in-law died on 29.09.2017. Learned counsel for the petitioner further submits that all concerned have recommended for grant of arms license to the petitioner, yet final decision has not been taken. The present application was filed by the petitioner for

Patna High Court CWJC No.24604 of 2018(2) dt.08-04-2019 2/2 grant of gun license on 06.01.2016 and the authorities under the Scheme of the act have recommended the case of the petitioner for grant of gun license but no decision was taken. Recently the Division Bench have decided the principle for the purpose of grant of license in the case State of Bihar and Ors. Vs. Deepak Kumar (LPA No. 758 of 2018) reported in 2019(1) PLJR 664. In the totality of the facts situation, it would be appropriate that the respondents may take final decision one way or the other in the light of their own decision contained in Annexure-7 dated 24.01.2017 and also on consideration of judgment of the Division Bench reported in State of Bihar and Ors. Vs. Deepak Kumar (LPA No. 758 of 2018) reported in 2019(1) PLJR 664.

With the aforesaid, the present application stands disposed of with direction to the District Magistrate Patna to take appropriate decision on the application of the petitioner for grant of gun license within a maximum period of 60 days. (Anil Kumar Upadhyay, J) mdrashid/- U