Guddu Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4715 of 2014 =========================================================== Guddu Pathak Son Of Sri Krishna Murari Pathak Resident Of Village - Bhawadih, P.O. - Akhtiyarpur, Via - Kudra, P.S. - Karaghar, District - Rohtas At Sasaram .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna

3. The Commissioner, Patna Division, Patna

4. The District Magistrate, Rohtas At Sasaram .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Sinha, Advocate For the Respondent/s : Mr. Dhurjati Kr Prasad, G.P. VII =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 08-12-2015 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 24.11.2012 passed by the District Magistrate - cum - licensing authority, Rohtas by which his request for grant of arms licence for DBBL gun has been rejected on the ground that the petitioner has not been able to produce specific evidence regarding any threat perception upon him. The issue concerned is no longer res integra as the same has already stand considered and decided by this Court in Manish Kumar Vrs. State of Bihar and other analogous cases [2015(4) PLJR 212].

Accordingly, this writ application succeeds. The impugned order contained in Annexure 3 is quashed and set aside.

Patna High Court CWJC No.4715 of 2014 dt.08-12-2015 2/2 The matter is remitted back to the Licensing Authority concerned to take decision in accordance with law within a period of six weeks from the date of receipt / production of a copy of this order. This is made clear that while doing so he would be obliged to consider the ratio laid down in the Manish Kumar(supra). (Dr. Ravi Ranjan, J) Sanjay-II/- U