Prem Chand Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7169 of 2023 ====================================================== Prem Chand Gupta Son of Lakhi Chand Gupta, Resident of Village-Jhing Nagar, Bichli Gali, P.O. and P.S.-Biharsharif, District-Nalanda, PIN-803101. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Bihar, Patna.

2.

The Director General of Police BIhar, Patna.

3.

The Divisional Commissioner, Patna Division, Patna. 4.

The District Magistrate, Nalanda, Biharsharif. 5.

The District Arms Magistrate, Nalanda, Biharsharif. 6.

The Superintendent of Police, Nalanda, Biharsharif. 7.

The Dy. S.P. of Police, Nalanda, Biharsharif. 8.

The S.H.O. of Biharsharif Police Station, Biharsharif, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Chandra Jha For the State :

Mr.Manish Kumar (Gp4) Ms. Sanjay Parasmani, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023 1.

The present writ petition has been filed seeking the following reliefs:- "i) To issuance a writ in the nature of Certiorari to quash the order vide memo No.757 (B) dated 03.08.2012 by which learned District Arms Magistrate, Nalanda has rejected the application seeking Arms Licence of petitioner.

(ii) To issue a writ in the nature of mandamus directing the respondents to re-consider the matter of granting Arms licence in terms of

Patna High Court CWJC No.7169 of 2023(2) dt.07-11-2023 2/3 application dated 09.11.2022 submitted before the District Arms Magistrate, Nalanda, Biharsharif by the petitioner.

(iii) To issue an appropriate writ directing the respondents to act upon and pass the appropriate order in accordance with law in terms of provision U/S 13 (Chapter-III) of Arms Act 1959 as also in terms of law laid down by this Hon'ble Court in various leading cases.

(iv) To grant Arms licence to the petitioner who is possessing all required criteria in accordance with law."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file fresh application in consonance with the new Arms Rules, 2016, for grant of arms licence, however, seeks a direction upon the District Arms Magistrate/District Magistrate, Biharsharif at Nalanda to consider the same expeditiously. It is directed, accordingly.

3.

It is needless to state that in case appropriate application is filed by the petitioner for grant of arms licence, after complying with the provisions contained in the new Arms Rules, 2016,

Patna High Court CWJC No.7169 of 2023(2) dt.07-11-2023 3/3 within a period of four weeks from today, the District Arms Magistrate/District Magistrate, Nalanda 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 writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U