Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5866 of 2020 ====================================================== Shailesh Kumar S/o Late Vijay Kumar Resident of Village- Sihauta Bazar, P.o. and P.s.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar through Home Secretary, Govt. of Bihar 2.

Divisional Commissioner, Tirhut Division, Muzaffarpur 3.

District Magistrate, Siwan 4.

Superintendent of Police, Siwan 5.

Additional District Magistrate (Arms) Siwan 6.

District Arms Magistrate, Siwan 7.

Sub-Divisonal Magistrate, Siwan 8.

S.H.O. Maharajganj Police Station, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. V. K. Pandey Ms.Manisha Pandey Ms. Shweta Pandey For the Respondent/s :

Mr.Manish Kumar (Gp4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2021 Heard learned Counsel for the parties concerned. Learned Counsel for the petitioner submits that the grandfather of the petitioner, namely, Late Dinanath Prasad, was killed in the day broad light during the loot in the year 1997 by the miscreants, for which Maharajganj Police Station Case No. 95 of 1997 was lodged. The petitioner is also the owner of Hero Honda Showroom, namely, Shiv Shakti Automobiles, Shiv Shakti Mart (readymade garments) and Shiv Shakti Enterprises

Patna High Court CWJC No.5866 of 2020(2) dt.01-12-2021 2/3 (food grains) in the district of Siwan and is a reputed businessman of the locality. The petitioner is having continuous threat of his life from the anti-social elements and in that background, the petitioner filed an application, in Form A 1, on 05.04.2018, before the Arms Magistrate -cum- District Magistrate, Siwan, for grant of arms license of revolver/pistol. He further submits that the Licensing Authority has not passed final order despite the fact that the police report has been submitted by the Maharajganj Police Station in accordance with the Arms Rules, 2016.

On the other hand, learned Counsel for the State submits that the District Magistrate, Siwan, may be directed to take a decision upon the application filed by the petitioner for grant of arms license within the stipulated time frame. Having heard learned Counsel for the parties and in view of the fact that application for grant of arms license is pending for a long period before the Licensing Authority, the District Magistrate, Siwan, is accordingly, directed to dispose the application of the petitioner for grant of arms license in accordance with law within a period of two months from the date of receipt/production of a copy of this order. With the aforesaid observation and direction, this writ

Patna High Court CWJC No.5866 of 2020(2) dt.01-12-2021 3/3 application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √