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Patna High CourtCWJC/8709/2015disposed

Srikanti Devi v. The State Of Bihar And ORS

2015-09-28Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8709 of 2015 ====================================================== Srikanti Devi Wife of Shivshankar Singh Resident of village - Akarua, Police Station - Piro, District - Ara at Bhojpur .... .... Petitioner

Versus

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

2. The Divisional Commissioner, Patna Division, Patna

3. The District Magistrate, Ara at Bhojpur

4. The District Arms Magistrate, Ara at Bhojpur

5. The Superintendent of Police, Ara at Bhojpur

6. The Officer - in - Charge, Piro Police Station, Ara at Bhojpur .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate For the State : Mr. Dhirendra Kumar, AC to AAG 10 CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the State. Petitioner claims that he had applied for grant of arms licence for N.P. Bore revolver / pistol before the District Magistrate, Bhojpur at Ara. It is claimed that the application was received on 24.11.2009 itself, however, despite the recommendation of Superintendent of Police no decision has been taken as yet.

No counter affidavit has been filed despite the copy having been served on 28.5.2015 itself upon the State. If what is claimed by he petitioner is correct then in my considered view the authorities have conducted themselves in

Patna High Court CWJC No.8709 of 2015 (2) dt.28-09-2015 2/2 a very casual and negligent manner.

Accordingly, this writ application is being disposed of with a direction to the District Magistrate - cum - Licensing Authority, Bhojpur at Ara to take a decision upon the application of the petitioner in accordance with law within a period of four month from the date of receipt / production of a copy of this order, if the same has already not been taken. In such case, since the State Authorities have kept the matter of petitioner pending for about six years I find it a fit case for imposing exemplary cost which is assessed as Rs. 5,000/-. However, in case the order has already been passed by the licensing authority before passing the present order then the cost would not be required to be deposited. (Dr. Ravi Ranjan, J) Spd/- U