Sudama Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20326 of 2013 ====================================================== Sudama Singh son of Kamta Prasad Singh, resident of village Yogibir, Post Kamiriyav, P.S. Tiyer, District Bhojpur, .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Bhojpur at Ara,

2. The Superintendent of Police, Bhojpur at Arah, .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sumant Kumar Singh, Advocate For the State : Mr. Chandra Shekhar Singh, AC to GP 16 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and the State.

As prayed, learned counsel for the petitioner is permitted to make necessary correction with respect to the number of Annexure which has been appended with Interlocutory Application No. 8472 of 2015.

Interlocutory Application No. 8472 of 2015 has been filed on behalf of the petitioner seeking amendment in the relief portion of the writ petition as the petitioner now wants to challenge the order passed by the District Magistrate-cum-Licensing Authority, Bhojpur at Ara, as contained in Annexure 3.

Prayer is allowed.

The relief mentioned in paragraph 2 of the

Patna High Court CWJC No.20326 of 2013 (3) dt.13-10-2015 Interlocutory Application would form part of the writ petition.

In view of the nature of the proposed order, the matter has finally been heard at this stage without further waiting for filing of the counter affidavit on behalf of the State in view of the aforesaid amendment.

It is contended on behalf of the petitioner that the application filed by him has been rejected by the District Magistrate-cum-Licensing Authority on the ground that he has not been able to produce any specific evidence along with his application for grant of arms liclence showing that there exists any threat perception upon him. It is submitted the impugned decision is in teeth of a decision of this Court rendered in C.W.J.C. No. 18535 of 2011(Manish Kumar v. State of Bihar and others) and other analogous cases holding that neither section 13 of the Arms Act, 1959(hereinafter to be referred to as "the Act") specifies that along with the application such evidence should be produced by the applicant nor does it stand stated in section 14 of the Act that refusal can be made on such ground.

Accordingly, this writ application stands allowed in terms of the aforesaid decision and the matter is remitted

Patna High Court CWJC No.20326 of 2013 (3) dt.13-10-2015 back to the District Magistrate-cum-Licensing Authority, Bhojpur at Ara to take a final decision on its own merit and in accordance with law within a period of three months from the date of receipt/production of a copy of this order. (Dr. Ravi Ranjan, J) SC/- U