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Patna High CourtCWJC/12184/2014disposed

Md. Akbar Kalam v. The State Of Bihar And ORS

2015-08-10Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12184 of 2014 ====================================================== Md. Akbar Kalam, son of- Abdul Kalam, resident of Mohalla- Shahganj, P.O. Mahendru, P.S. Sultanganj, District- Patna .... .... Petitioner

Versus

1. The State of Bihar through Home Secretary, Govt. of Bihar

2. Divisional Commissioner, Patna Division, Patna

3. District Magistrate, Patna

4. District Arms Magistrate, Patna

5. Additional District Magistrate (Arms), Patna

6. Sr. Superintendent of Police, Patna

7. S.H.O. Sultanganj Police Station, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Depak Kumar, Advocate For the State : Mr. Santosh Kumar Jha, GP 3 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-08-2015 Heard learned counsel for the petitioner and the State. The petitioner was earlier granted licence no. 96/1990 for a DBBL gun, however, since the licence was granted by the SubDivisional Officer, Patna City who was not a competent authority, the same was declared invalid. The petitioner had again applied for grant of licence of a DBBL gun in the year 2014. A counter affidavit has been filed on behalf of the respondent nos. 3, 4 and 5 stating that the police report is still awaited for which reminder has again been issued on 05.08.2015 by the District Arms Magistrate, Patna.

Accordingly, this writ application is being disposed of with a direction to the Senior Superintendent of Police, Patna to

Patna High Court CWJC No.12184 of 2014 (2) dt.10-08-2015 ensure that the police report is prepared and sent to the office of the District Arms Magistrate, Patna within a period of four weeks from the date of receipt/production of a copy of this order. Thereafter, a decision with regard to grant of licence should be taken by the competent authority on its own merit and in accordance with law within a further eight weeks. (Dr. Ravi Ranjan, J) SC/- U