Md. Firoj Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1064 of 2017 ====================================================== Md. Firoj Ansari, Son of Pir Mohammad, Resident of Mohalla- Mehdi Hasan Chowk, Brahmpura, P.O. + P.S.- Brahmpura, District-Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Muzaffarpur.

3. The Senior Superintendent of Police, Muzaffarpur.

4. The Arms Magistrate, Muzaffarpur.

5. The Officer-in-charge, Brahmpura Police station, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Respondent/s : Mr. Manish Kumar -GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2017 Heard Mr. Mani Bhushan Kumar, learned counsel for the petitioner and Mr. Ravi Verma, learned A.C. to G.P.-4 for the respondents.

Since the present writ application was registered on 23.01.2017 and till date no counter affidavit has been filed, this Court is not inclined to adjourn the matter any further. The petitioner is aggrieved by non-disposal of the application submitted before the District Magistrate, Muzaffarpur, respondent no.2 for issuance of licence of pistol, as contained in Annexure-1.

It is submitted by the learned counsel for the petitioner

that the petitioner applied for issuance of licence of pistol on 28.02.2015, in the prescribed form along with all required documents. The petitioner applied for licence before the Arms Magistrate, Muzaffarpur on 10.03.2015, which was forwarded to Brahmpura Police Station on 27.03.2015 and subsequently to the office of Sr. S.P., on 29.07.2015 and thereafter to the office of District Magistrate on 19.08.2015, but till date, no order has been passed. The petitioner is a businessman and he is having an apprehension of threat to life. The licence is not being issued to him since last more than two years, hence, the present writ application.

Learned A.C. to G.P.-1 submits that at present he does not have any instruction, whether the application of the petitioner has been finally processed or not.

Having heard the learned counsel for the parties, without expressing any opinion with regard to the claim of the petitioner, respondent no.2, the District Magistrate, Muzaffarpur is directed to dispose of the application of the petitioner with regard to issuance of licence of pistol on its own merit, within a period of eight weeks from the date of receipt/production of the

copy of this order.

Accordingly, the present writ application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U