Patna High CourtCWJC/2792/2018disposed

Binda Prasad v. The State Of Bihar And ORS

2019-01-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2792 of 2018 ====================================================== Binda Prasad, Son of late Saryug Prasad, Resident of Village- Kothia, P.S. Didarganj, District- Patna.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2. The District Magistrate, Patna.

3. The District Arms Magistrate, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Prem Ranjan Kumar, Advocate.

For the Respondents :

Mr.Md.N.H.Khan, S.C. 1.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following relief has been sought for by the petitioner in the present writ application.

"1. That this writ application is being filed on behalf of the petitioner for issuance of writ/writs, order/orders, direction/directions commanding and directing the respondents to release the Rifle No. 16963 for which the licence vide Arms Licence No.

135/1976 stands in the name of the petitioner."

It is submitted by learned counsel for the petitioner that the petitioner had made an application for release of the arms in question before the respondent no. 2 i.e., The District Magistrate, Patna, which is evident from the order dated

Patna High Court CWJC No.2792 of 2018(5) dt.31-01-2019 2/2 21.01.2008 passed in Case No. 10-19/2008. A report was called for from the Officer-in-Charge of Didarganj Police Station in respect of release of the arms and the Officer-in-Charge of Didarganj Police Station has also submitted a report to the effect that no complaint whatsoever is available at the Malsalami Police Station and he is a man of good character which is evident from the noting dated 04.10.2017 passed in Case No. 10-19/2008 vide Annexure-3 to the present writ application. The respondent no. 2 i.e., The District Magistrate, Patna, is directed to consider the case of the petitioner and dispose of Case No. 10-19/2008 in accordance with law preferably within a period of three months from the date of receipt/production of copy of this order.

With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U