Surendra Kumar Mishra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11899 of 2016 =========================================================== Surendra Kumar Mishra, Advocate, Son of late Devanand Mishra, A.O. R. No. 01739, King's Chamber, Advocates Association Patna High Court. Permanent Address: Mohalla Police Colony Qr. No. D/71 -72 Anisabad , P.S Gardanibag District Patna .... .... Petitioner
Versus
1. The State of Bihar, through the Principal Secretary, Department of Home (Police) Bihar Patna.
2. The Commissioner, Patna Division, Patna.
3. The District Magistrate , Patna District Patna
4. The Arms Magistrate District Patna.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Rajani Kant Singh, Advocate For the State : Mr. Kumar Manish, A.C. to S.C. 5 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 21-11-2016 I have heard learned counsel for the petitioner and the State.
It is contended on behalf of the petitioner that though an application was filed on 13.12.2013 before the District Magistrate, Patna for grant of arms licence, but no decision has been taken as yet. Accordingly, I dispose of the writ application directing the District Magistrate, Patna to take a decision upon the application of the petitioner on its own merit and in accordance with law also considering the decision rendered in Manish Kumar Vrs. State of Bihar and other analogous cases [AIR 2016 Patna 9] within a
Patna High Court CWJC No.11899 of 2016 dt.21-11-2016 2 / 2 period of three months from the date of receipt/production of a copy of this order, if the same has already not been taken. However, while doing that, the licensing authority should examine as to whether the application has been made under Family Heirloom Policy or not? If that is the case then Family Heirloom Policy of the Central Government as well as the directives issued by the State of Bihar addressed to all the District Magistrates vide Annexure 6 should also be considered by the licensing authority. (Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2017 Transmission Date NA