Sanjay Kumar Singh v. The State Of Bihar Through R. K. Khandewal, The Commissioner, Darbhanga Division, Darbhanga And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3562 of 2016 Arising out of Civil Writ Jurisdiction Case No. 7935 of 2015 ====================================================== Sanjay Kumar Singh, Son of Shiv Kumar Singh, resident of Village- Rahtauli, P.S.- Hathauri, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through R. K. Khandewal, the Commissioner, Darbhanga Division, Darbhanga.

2.

Pranav Kumar, the District Magistrate, Samastipur. 3.

Nawal Kishore Singh, Superintendent of Police, Samastipur. 4.

Kishor Kumar, District Arms Magistrate, Samastipur. 5.

Braj Kishor Prasad Paswan, Officer-in-Charge, Hathauri Police Station, District- Samastipur.

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the State :

Mr. Sanjay Kumar Ghosarvey, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-06-2019 Heard learned counsel for the petitioner and learned AC to AAG 3 for the State.

2. The petitioner has filed the application alleging violation of order dated 28.09.2015 passed in CWJC No. 7935 of 2015.

3. The issue relates to consideration of application by the petitioner for grant of licence by the District Magistrate, Samastipur.

4. From the show cause filed on behalf of the authorities, it transpires that as per the provisions of the Arms Act, 1959 and the Arms Rules, 2016, the Licensing Authority has to

Patna High Court MJC No.3562 of 2016 dt.26-06-2019 2/2 take a decision and in furtherance thereof, certain information /documents were called upon to be submitted by the petitioner, which he has not done.

5. Though such stand has been taken by the authorities in their supplementary show cause, copy of which was served on learned counsel for the petitioner on 13.05.2019 and no reply has been filed, still learned counsel for the petitioner submitted that he has submitted all such information/documents.

6. In view thereof, if what has been contended by learned counsel for the petitioner of having submitted all the required information, as may be asked for by the Licensing Authority, there does not appear to be any reason to delay passing of final orders on such application by the petitioner.

7. Accordingly, the application stands disposed off with a direction to the District Magistrate, Samastipur to ensure that final orders are passed on the application of the petitioner seeking an Arms licence, if already not done, expeditiously and latest within one month from today.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T