Patna High CourtCWJC/64/2016disposed

Enayat Ali v. The State Of Bihar And ORS

2016-03-14Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.64 of 2016 ====================================================== Enayat Ali Son of md. Wasi Resident of Mohalla- Bihari Saw lane, Ashok Raj Path, P.s Pirbahore District Patna .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar,Patna,

2. Commissioner, Patna Division , Patna,

3. District Magistrate ,Patna,

4. Arms Magistrate, Patna,

5. Union of India, Home Department of India,

6. The Principal Secretary, Department of Home, Government of Bihar, Patna, .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kr Singh No.1, Advocate For the State : Mr. S.K. Saraf, AC to GP 18 For the Union of India : Mr. S.D. Sanjay, Addl. S.G. Mr. Ram Anurag Singh, AC to Addl.S.G.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 14-03-2016 As prayed, learned counsel for the petitioner is permitted to implead the Principal Secretary, Department of Home, Government of Bihar, Patna, as respondent no. 6 in this writ application Heard the parties.

A counter affidavit has been filed on behalf of the Union of India taking categorical stand that power to issue the concerned licence has already been delegated to the States, therefore, the authorities under the State of Bihar have to take decision with respect to grant of the licence concerned in favour of the petitioner.

Patna High Court CWJC No.64 of 2016 (6) dt.14-03-2016 A counter affidavit has also been filed on behalf of the respondent nos. 3 and 4 stating that the petitioner's case has been referred for police verification.

Be that as it may, in the facts and circumstances of the case, this writ application is being disposed of with a direction to the respondent no. 6, i.e., the Principal Secretary, Department of Home, Government of Bihar, Patna, to take a final decision in matter of the petitioner in accordance with law within a period of four months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) SC/- U