M/S United Small Arms Corporation v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1935 of 2012 ====================================================== M/S United Small Arms Corporation, Monghyr Through Proprietor, Brij Bihari Sharma S/O Chandrika Prasad Sharma R/O Mohalla- Bakepur, P.S.- Kotwali, District- Monghyr .... .... Appellant

Versus

1. The State Of Bihar, Through Secretary, Government Of Bihar, Department Of Home, Patna

2. Commissioner, Monghyr Commissionary, Monghyr

3. District Magistrate/Collector, Monghyr .... .... Respondents ====================================================== Appearance :

For the Appellant : Mr. Pramod Kumar Singh, Advocate For the Respondents : Mr. Rajeev Kr. Singh, GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 03-03-2016 The challenge in the present Letters Patent Appeal is to an order dated 19th September, 2012, passed by the learned Single Judge in CWJC No. 1610 of 2011, whereby the claim of the appellant for renewal of arm licence was not interfered with.

The appellant was granted a dealership of arm licence but on 19th March, 2010 the licensing authority refused to renew the same. An appeal against the said order was dismissed as well on 23rd August, 2010. It was noticed that the renewal application along with renewal fee was received only on 15th May, 2010, i.e., after the order was passed by the licensing authority refusing to renew the licence. Thus, it was found that the appellant did not file

Patna High Court LPA No.1935 of 2012 (5) dt.03-03-2016 2/2 renewal application even after the matter was remanded to the licensing authority vide order dated 10th June, 2009. The fact is that the appellant has applied for renewal of licence. As per the State, such renewal application has been filed after the licence was revoked. The appellant is a dealer. Therefore, non-renewal of licence affects his right to carry on business. In that view of the matter, we deem it appropriate to direct the licensing authority to consider the request of the appellant for grant of renewal of licence or issuance of fresh licence, as the case may be. It could not be pointed out by the learned counsel for the State that there is any material with the State which may be relevant for denying benefit of renewal or fresh licence.

With the said direction and liberty, the order dated 19.9.2012, passed by the learned Single Judge in CWJC No. 1610 of 2011, is set aside.

This Letters Patent Appeal is allowed in the above terms.

(Hemant Gupta, J) (Navaniti Prasad Singh, J) mrl U