Malike Aster v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8698 of 2014 ====================================================== Malike Aster .... .... Petitioner

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the Respondent/s : Mr. Gyan Shanker AC to GP-6 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 18-01-2016 Heard the parties. The petitioner is aggrieved by the order dated 10.11.2011 passed by the District Magistrate-CumLicensing Authority (Purnea) in arms licence no. 21/2010 (reference contained in Annexure 2) by which his application for grant of licence for S.B.B.L. gun has been rejected on the ground of lack of specific evidence regarding threat perception. He also assails the appellate order dated 18.12.2013 passed by the Divisional Commissioner, Purnea in Arms Appeal No. 346/2013 as contained in Annexure 1 by which his appeal has been dismissed and the order passed by the Licensing Authority has been upheld.

The issue is no longer res integra as the matter has already been considered and decided in Manish Kumar v. Stated of Bihar & ors. (AIR 2016 Pat 9) holding that lack of

Patna High Court CWJC No.8698 of 2014 (2) dt.18-01-2016 2/2 specific evidence regarding threat perception does not form a ground for refusal of licence under section 15 Arms Act. Accordingly, the writ application succeeds. The impugned order is set aside and the matter is remitted back to the Licensing Authority for taking fresh decision within a period of three weeks from the date of receipt/ production of a copy of this order.

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