Bharat Bhushan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11251 of 2011 ======================================================

1. Bharat Bhushan S/O Late Ram Janam Singh R/O Vill.- Tarari, P.S.- Naubatpur, Distt.- Patna (Bihar) .... .... Petitioner/s

Versus

1. The State Of Bihar through the Chief Secretary Govt. Of Bihar, Patna

2. The District Magistrate, Patna

3. The Additional District Magistrate, Patna

4. The District Arms Magistrate, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : None For the State : AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-09-2015 None for the petitioner. Assistant Counsel to GP-5 for the State is present.

A counter affidavit has been filed on behalf of the respondents.

In spite of adjournment granted on the request of the counsel for the petitioner, no rejoinder to the counter affidavit has been filed by the petitioner.

Petitioner claims to have been issued an arms license while he was residing in Rajouri in the State of Jammu & Kashmir. For the similar relief a writ petition was earlier filed by him vide CWJC No. 4611 of 2008. The writ petition was disposed of by order dated 02.02.2009 (Annexure-7) directing the

Patna High Court CWJC No.11251 of 2011 (3) dt.24-09-2015 2/2 respondent District Magistrate to take a decision on his application/representation in accordance with law.

The respondent- District Magistrate having considered the claim of the petitioner for OD entry in Patna for the purpose of renewal of the license etc. rejected the same vide order dated 3.8.2009. The present writ petition has been filed in 2011 seeking the similar relief.

The respondent in the counter affidavit in para 5 have stated that if the relevant details are furnished by the petitioner which are verified by the District Magistrate, Rajouri (Jammu & Kashmir) then the relevant OD entry of the license shall be made. In absence of any rejoinder to the counter affidavit, this Court finds difficulty in issuing any direction to the respondent- District Magistrate, Patna to allow the prayer of the petitioner by directing the OD entry of the license in the Arms Record of Patna. This Court observes that no sooner the relevant details are furnished which are verified, the respondent District Magistrate shall direct for OD entry of the Arms license of the petitioner in the relevant records at Patna in accordance with law. The writ application is disposed of.

(Kishore Kumar Mandal, J) Shyam/- U