Manish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20314 of 2016 ====================================================== Manish Kumar, son of late Chitranjan Kumar Singh, Resident of Village + P.O. - Lilari, P.S. Charpokhari, District- Bhojpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Home Affairs, Government of Bihar. 3.

The District Magistrate, Bhojpur, Ara.

4.

The Superintendent of Police, Bhojpur, Ara.

5.

The S.H.O., Charpokhari Police Station, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Jee Mishra, Advocate For the Respondent/s :

Mr. P.K. Verma- Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the State.

2. The petitioner filed an application for grant of license, which was rejected by the District Magistrate, Bhojpur.

3. From the order of the District Magistrate, Bhojpur, it appears that the order was passed because the Superintendent of Police, Bhojpur, Ara has failed to submit report.

4. It is now well settled that one cannot take advantage of its own wrong in decision making process. The District Magistrate was required to call for the report from Superintendent of Police and failure on the part of the District Magistrate cannot be a ground to reject the application for grant of Arms licence and as such the order rejecting the application of the petitioner, as contained in Annexure-8, is unsustainable

Patna High Court CWJC No.20314 of 2016(3) dt.24-04-2019 2/2 and it is accordingly quashed. The matter is remitted to the District Magistrate, Bhojpur for taking decision afresh after calling for the report from the Superintendent of Police, Bhojpur.

5. In the event, no report is furnished by the Superintendent of Police, Bhojpur, the District Magistrate, Bhojpur is required to consider the case of the petitioner for grant of Arms license within the parameters of 2016 Rules and the judgment of the Division Bench in the case of the State of Bihar & Ors. Vs. Deepak Kumar, reported in 2019 (1) PLJR 664.

6. It is made clear that the authorities under the Act are supposed to perform their obligation and failure on the part of one or the other authorities under the Act is no ground to reject the application as that will not amount to granting premium incompetence of the authorities.

7. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U