Md. Imbesat Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10793 of 2019 ====================================================== Md. Imbesat Akhtar Son of Late Md. Samshuzzama Resident of MohallaImadpur, P.S.- Biharsharif and District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Secretary, Home Department, Government of Bihar, Patna.

2.

Joint Secretary Home Department (Police Branch) Bihar, Patna. 3.

District Magistrate Nalanda at Biharsharif.

4.

District Arms Magistrate Nalanda at Biharsharif. 5.

Superintendent of Police Nalanda at Biharsharif. 6.

Sub- Divisional Officer Biharsharif, Nalanda. 7.

Deputy Superintendent of Police Biharsharif, Nalanda. 8.

Sub- Divisional Police Officer Sadar, Biharsharif, Nalanda 9.

Circle Officer Biharsharif, Nalanda 10.

Station House Officer (Thana -In- Charge) Bihar Police Station Biharsharif, Nalanda.

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

For the Petitioner/s :

Mr.Mohammed Abu Haidar For the Respondent/s :

Mr.Md.Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2019 The petitioner is aggrieved by the inaction on the part of the District Magistrate, Nalanda at Biharsharif in the matter of consideration of grant of licence of rifle in favour of the petitioner.

Learned counsel for the petitioner submits that the father of the petitioner was the original licencee, who had died. Thereafter the petitioner filed application for grant of licence and transfer of arms in favour of this petitioner. The concerned

Patna High Court CWJC No.10793 of 2019(2) dt.13-05-2019 2/2 Deputy Superintendent of Police, Special Branch has submitted report in favour of the petitioner and thereafter the matter is pending at the level of the District Magistrate. The application for grant of arms licence cannot be kept in limbo for years together.

Accordingly, the present writ petition is disposed of with a direction to the District Magistrate, Nalanda at Biharsharif to take final decision on the application of the petitioner and decide the same within a period of 60 days after the General Parliamentary Election. While taking decision the District Magistrate is required to consider the case of the petitioner in view of Rule 25 of the 2016 Rules and the judgment of the Division Bench reported in 2019 (1) PLJR 664. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U