Avinash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9506 of 2016 =========================================================== Avinash Kumar, s/o late Upendra Sharma, resident of village, Shamsher Nagar, P.S. Daudnagar, District, Aurangabad, Bihar .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Department of Home Bihar, Patna

2. The District Magistrate, Aurangabad

3. The Superintendent of Police, Aurangabad

4. The Sub-Divisional Officer, Daudnagar

5. The Officer in-charge, Daudnagar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Praveen Kumar, Mr. Uday Pratap Singh, Advocates For the State : Mr. Sumant Kumar Singh, A.C. to G.A. 3 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 27-06-2016 Heard parties.

It is contended that the father of the petitioner was possessing a firearm under a valid licence but after his death in the year 2011, the firearm was deposited by the mother of the petitioner before the competent authority which would be apparent from Annexure 3. Thereafter, the petitioner applied for grant of firearm licence under the Family Heirloom Policy so that he could retain the firearm with him. It is contended that no final decision has been taken by the Licensing Authority as yet though an application was filed in the year 2014.

Accordingly, this writ application is being disposed of

Patna High Court CWJC No.9506 of 2016 dt.27-06-2016 2 / 2 with a direction to the District Magistrate-cum-Licensing Authority, Aurangabad to take a final decision in the matter of the petitioner within a period of three months from the date of receipt/production of a copy of this order. While doing so, he would be obliged to consider the Family Heirloom Policy.

(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.09.2016 Transmission Date NA