Shashthi Sharan Singh @ Shasthi Sharan Singh v. Shri Amir Subhani, The Principal Secretary, State Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2837 of 2017 Arising out of Civil Writ Jurisdiction Case No. 2403 of 2016 ====================================================== Shashthi Sharan Singh @ Shasthi Sharan Singh, Son of Late Babu Ram Singh, resident of Mohalla - Sidharthpuri Colony, P.S. Muffasil, District Gaya.

... ... Petitioner/s

Versus

1.

Shri Amir Subhani, Son of not know the Principal Secretary, State of Bihar, Patna.

2.

Shri Jitendra Srivastav, Son of not known, the Commissioner, Magadh Division, Gaya.

3.

Shri Kumar Ravi, Son of not known, District Magistrate, Gaya. 4.

Smt. Garima Mallick, Wife of not known, the Superintendent of Police, Gaya.

5.

Shri Shubhash Nath Jha, Son of not known, the District Arms Magistrate, Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Ghosarvey, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-08-2019 Heard learned counsel for the petitioner and learned AC to AAG 3 for the State.

2. From the pleadings and materials on record, the Court finds that there is no violation of the order dated 22.02.2016 passed in CWJC No. 2403 of 2016.

3. However, as the matter relates to the application for grant of arms licence to the petitioner on the basis that it was for

Patna High Court MJC No.2837 of 2017 dt.27-08-2019 2/2 the purpose of keeping the DBBL gun of his late father, which has been deposited with the authorities, it shall be open to the petitioner to apply afresh in terms of the existing statutory provisions and policy of the Central and State Governments and also in terms of the order of the Division Bench dated 30.07.2019 passed in LPA No. 1180 of 2018. It goes without saying that if the same is made, the authorities shall consider the application, in accordance with the 2016 Arms Rules, as per the decision of the Division Bench of this Court in its order dated 21.01.2019 passed in LPA No. 758 of 2018.

4. It is further clarified that if the petitioner meets the objection as raised in the last rejection order dated 02.05.2019, his prayer for grant of such licence based on Heirloom Policy shall be considered.

5. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T