Kumari Sweta Bharti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15966 of 2013 =========================================================== Kumari Sweta Bharti Wife Of Sri Sushant Kumar Resident Of Village - Chukti, P.O. Mansi, P.S. Mansi, District - Khagariya .... .... Petitioner

Versus

1. The State Of Bihar

2. The District Magistrate, Khagaria, District - Khagariya

3. The Superintendent Of Police, Khagaria, District - Khagariya

4. The District Arms Magistrate, Khagariya, District - Khagariya

5. The Acting Arms Magistrate, Khagariya

6. The Officer In Charge, Mansi, Police Station - Mansi .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Nityanand Mishra, Advocate For the State : Mr. Amit Kumar Anand, AC to G.P. 15 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 05-10-2015 Heard learned counsel for the petitioner and the State. Petitioner seeks quashing of letter dated 23.11.2009 issued vide Memo No. 1050 dated 24.11.2009 under the signature of I/c Arms Magistrate, Khagaria by which he has informed the petitioner that her application for grant of licence of N.P. Bore rifle has been rejected by the District Magistrate, Khagaria on 20.11.2009. However, it appears from the letter dated 24.11.2009 that the District Magistrate had rejected the application for grant of arms licence of the petitioner on 20.11.2009 itself and the statutory appeal was not preferred by the petitioner. After about four years this writ application came to be filed stating that the delay was not

Patna High Court CWJC No.15966 of 2013 dt.05-10-2015 2/2 deliberate.

If there was any threat upon the petitioner and her application for grant of licence was rejected in the year 2009 it is intriguing as to why she did not approach the appellate authority within the period of limitation and why she has filed this writ application after about four years and that too without explaining the inordinate delay.

In my view, this writ application suffers from the vice of delay and laches. Thus, this Court does not find a fit case for warranting any interference in the matter.

Accordingly this writ application is dismissed.

However, this order would not disentitle the petitioner from filing a fresh application for grant of arms licence.

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