Mirtunjay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18636 of 2013 =========================================================== Mirtunjay Kumar Singh S/O Late Shiv Kumar Singh Resident Of VillageMithepur, Post Office And Police Station- Garkha, District- Saran. .... .... Petitioner

Versus

1. The State of Bihar

2. The Licensing Authority Cum The District Magistrate, Saran At Chapra.

3. The Sub- Divisional Officer, Sadar, Chapra, District- Saran.

4. The District Arms Magistrate, Saran Collectoriate, Saran At Chapra.

5. The Superintendent of Police, Saran At Chapra, District- Saran.

6. The Officer- In- Charge, Garakha Police Station, District- Saran At Chapra. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Upendra Kumar Singh For the State : Mr. Vijay Bharti, AC to SC 26 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 06-10-2015 Heard learned counsel for the petitioner and the State.

Petitioner claims that though he has applied for grant of arms licence for N.P.Bore pistol and riffle in the year 2002 itself but decision was taken for grant of licence for riffle but no decision could be taken on his application filed for pistol / revolver. However, learned counsel for the State on instruction submits that the petitioner's application for pistol / revolver has become traceless and the petitioner has moved this court after about 9 years of the alleged filing of the application. He is not saying that the petitioner has never filed another application for the same. In fact the

Patna High Court CWJC No.18636 of 2013 dt.06-10-2015 2/2 same has been filed and the opinion of the police authority was also sought but it is stated that the same could not be traced in the office of the licensing authority as such it is contended that the petitioner may be directed to file fresh application for the grant of licence of revolver / pistol as licence for N.P. Bore riffle has already been given to the petitioner.

Having regards to the facts and circumstances of the case, this writ application is being disposed of with granting liberty to the petitioner to file a fresh application for grant of licence of N.P.Bore pistol / revolver. If such application is filed by the petitioner, let a final decision be taken by the licensing authority concerned on its own merit and in accordance with law within a period of four months from the date of filing of such application . (Dr. Ravi Ranjan, J) Spd/- U