Lalit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6951 of 2023 ====================================================== Lalit Kumar Jha Son of Late Sitaram Jha Resident of Ward no.- 26, Nagar Parisad Supaul, P.S. and Dist.- Supaul.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Supaul.

3.

The District Arms Magistrate, Supaul.

4.

The Superintendent of Police, Supaul.

5.

The S.H.O. Police Station- Supaul, Dist.- Supaul. 6.

The Incharge, SHO Ben Police Station, Nalanda. 7.

Gautam Kumar, Son of Rajendra Singh Resident of ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the State :

Mr.Anil Kumar, AC to SC-8 For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023

1. The present writ petition has been filed seeking the following relief(s):- " 1. That this is an application for issuance of writ in the nature of Certiorari for quashing order bearing memo no.1072-2/Sao dated 21.9.2021 passed by the learned District Magistrate, Supaul whereby and whereunder he has rejected the application of petitioner with regard to the issuance of Arms Licence of the Gun illegally and arbitrarily on the ground that the application of petitioner was found filed before the new Arms Rule 2016 which does not fulfill the eligibility condition as per the present existing rule and further for direction upon the respondents to

Patna High Court CWJC No.6951 of 2023(2) dt.07-11-2023 2/2 consider the application of petitioner as per the old rule 1956 as petitioner applied for Arms licence in the year 2012 as per rule enforced at that time which was kept pending by the respondents for long period."

2. After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file a fresh application for grant of arms license, in accordance with the provisions contained in the new Arms Rules, 2016. Liberty so sought is granted.

3. It is needless to state that in case appropriate application is filed by the petitioner for grant of arms license, after complying with the provisions contained in the new Arms Rules, 2016, within a period of six weeks from today, the District Magistrate/District Arms Magistrate, Supaul, shall consider the same and pass a reasoned and a speaking order in accordance with law, within a period of 12 weeks, thereafter.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U