Shashi Shankar Pathak v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11722 of 2016 =========================================================== Shashi Shankar Pathak, Son of Late Rameshwar Nath Pathak, Resident of village + Post office - Saisar, Police Station Dinara, District - Rohtas .... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Bihar
2. The District Magistrate, Rohtas
3. The Superintendent of Police, Rohtas
4. The District Arms Magistrate, Rohtas .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Vindhya Keshari Kumar, Sr. Advocate For the State : Mr. Apurva Kumar, A.C. to G.A =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 21-11-2016 This is yet another case in which the matter of grant of licence to the petitioner has been kept pending for about 9 years. A stand has been taken in the counter affidavit that since both the petitioner and his brother had applied for grant of licence, no objection certificate on behalf of the brother was required. However, petitioner claims that his brother has died on 08.05.2016 itself. Be that as it may, since the petitioner's brother had died, there is no question of any no objection certificate and in view of the averments made in the counter affidavit, let a decision on its own merit and in accordance with law regarding grant of licence to the petitioner be taken by the District Magistrate-cum-licensing authority, Rohtas at Sasaram within a period of there months from the date of
Patna High Court CWJC No.11722 of 2016 dt.21-11-2016 2 / 2 receipt/production of a copy of this order.
The petitioner would be required to file death certificate along with other no objection certificate given by other family members before the District Magistrate-cum-Licensing Authority. This disposes of the writ petition.
(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.11.2016 Transmission Date NA