Nagina Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19365 of 2016 ====================================================== Nagina Kumar Singh, Son of Late Ramdeo Singh, Resident of VillageOlapur Gangaur, P.S.- Gangaur, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-cum-Collector, Khagaria. 3.

The A.D.M. (Arms) Khagaria.

4.

The Principal Secretary, Department of Home, Govt. of Jammu and Kashmir.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dronacharya, Advocate For the Respondent/s :

Mr. Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-04-2019 Petitioner is aggrieved by indecisiveness on the part of the respondents in the matter of renewal of Arms licence.

2. Originally a license of double barrel gun was issued to the father of the petitioner bearing Licence No. 184/1953. Subsequently, the Arms licence was issued in favour of the petitioner, which was renewed up to 23.01.2017.

3. Learned counsel for the petitioner submits that the petitioner after superannuation has applied for renewal with No Objection Certificate issued from the Government of Jammu and Kashmir, but the respondents are sitting tight over the matter and till date they have not renewed the Arms licence of the petitioner. Mr. Dronacharya, learned counsel for the petitioner, submits that either the respondents may renew the

Patna High Court CWJC No.19365 of 2016(3) dt.24-04-2019 2/2 Arms licence in favour of the petitioner or may grant fresh licence.

4. Considering the totality of the facts situation, the Court grants liberty to the petitioner to file application for grant of fresh Arms licence along with a copy of this order and after filing of application the licensing authority is required to take fresh decision in the matter of grant of fresh Arms licence at the earliest, preferably within a period of six months from the date of filing of such application considering the fact that the petitioner is an Ex-army man, if there is no criminal case pending against this petitioner and there is no allegation of abuse of privilege of Arms licence.

5. Petitioner is directed to deposit the gun within a period of fortnight from today before the authorized arms agency and file certificate of deposit of the arms along with his application for grant of Arms licence.

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

(Anil Kumar Upadhyay, J) uday/- U