Patna High CourtCWJC/11638/2013disposed

Indu Kumari @ Smt. Indui Kumari v. The State Of Bihar And ORS

2015-09-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11638 of 2013 =========================================================== Indu Kumari @ Smt. Indu Kumari Wife Of Dr. Arun Kumar Resident Of Village - Tenduni ( Kali Asthan, Dumraon Road ) Police Station - Bikramganj, District - Rohtas .... .... Petitioner

Versus

1. The State Of Bihar Through The District Magistrate, Rohtas At Sasaram

2. The District Magistrate, Rohtas At Sasaram

3. The Superintendent Of Police, Rohtas At Sasaram

4. The Sub Divisional Magistrate, Bikramganj, District - Rohtas

5. The Officer - Incharge, Bikramganj, Police Station District - Rohtas .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Arun Kumar Singh, Advocate For the State : Mr. Swapil Kumar Singh, A.C. to G.P. 1 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 21-09-2015 Heard learned counsel for the petitioner and the State. Petitioner claims that though she has filed application for grant of arms licence for D.B.B.L. gun in the year 2012, however, decision is yet to be taken by the licensing authority. If what is being alleged by the petitioner is true then this shows that the respondents have proceeded in a casual manner and have not passed the order even after lapse of three years. Accordingly, I direct the licensing authority to take a decision in the case of the petitioner within a period of two months from the date of receipt/production of a copy of this order, if the same

Patna High Court CWJC No.11638 of 2013 dt.21-09-2015 2 / 2 has already not been taken. This is further made clear that while disposing of the matter, the licensing authority would also be obliged to consider the Family Heirloom Policy as well as the decision of this Court rendered in C.W.J.C. No. 18535 of 2011 (Manish Kumar Vrs. State of Bihar) and other analogous cases holding that lack of any evidence regarding threat perception cannot from a ground for refusal of licence under Section 14 of the Arms Act, 1959. This disposes of the writ petition.

(Dr. Ravi Ranjan, J) Sanjay-II/- U