Patna High CourtCWJC/14064/2015disposed

Sri Avanish Kumar v. The State Of Bihar And ORS

2015-10-06Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14064 of 2015 =========================================================== Sri Avanish Kumar Son of Late Sudhakar Prasad Sharma resident of Mohalla - CHanakya Colony, P.O. + P.S. Industrial Area Hazipur, District - Vaishali at Hazipur ( Bihar ) .... .... Petitioner

Versus

1. The State of Bihar through Commissioner Patna Division, Patna

2. District Magistrate, Vaishali at Hazipur

3. Superintendent of Police, Vaishali at Hazipur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Ms. Archana Sinha @ Archana Shahi, Advocate For the State : Mr. Gopal Krishna, AC to SC 9 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 06-10-2015 Heard learned counsel for the petitioner and the State.

It is contended on behalf of the petitioner that he has applied for grant of licence for DBBL gun in the year 2009. However in the meantime his father, who was possessing a DBBL gun under valid licence, died in the year 2011. The petitioner approached the authority for transfer of the aforesaid gun in favour of him, which has been deposited before Arms Dealer. However noting was done then the petitioner filed a petition under RTI Act and he was astonished to know that his application as well as recommendation of the police authorities stands burnt away in fire. In the aforesaid background the petitioner has again

Patna High Court CWJC No.14064 of 2015 dt.06-10-2015 2/2 filed application for grant of licence vide Annexure 3 dated 5.2.2015. Having regard to the aforesaid facts and circumstances, this writ application is being disposed of with a direction to the respondent no. 2, District Magistrate - cum - licensing authority, Vaishali at Hazipur to take a final decision in the matter of the petitioner on its own merit and in accordance with law also considering the Family Heirloom Policy, which stands appended as Annexure 4 in the writ application, within a period of four months from the date of receipt / production of a copy of this order, if the decision has already not been taken.

(Dr. Ravi Ranjan, J) Spd/- U