Sanjay Kumar Pandey (In-Person) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15183 of 2024 ====================================================== Sanjay Kumar Pandey (In-person) Son of Sri Krishan Ratan Pandey Resident of Village- Sherpur, P.O.- Nehusa, P.S. Harnaut, District Nalanda at Bihar Sharif, at presently residing at Block 3, Sector 3, Flat No. 16 (HIG) Bahadurpur Housing Colony, Bhootnath Road, Kanakarbagh, P.O.- Bahadurpur Housing Colony, P.S.- Agam Kuwan, Dist.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate cum- Collector, Nalanda at Bihar Sharif. 4.

The Superintendent of Police, Nalanda at Bihar Sharif. 5.

The Arms Magistrate, Nalanda at Bihar Sharif. 6.

The Sub-Divisional Officer, Nalanda at Bihar Sharif. 7.

The Deputy Superintendent of Police, Nalanda at Bihar Sharif. 8.

The Station House Officer, (SHO), Harnaut Police Station, District - Nalanda at Bihar Sharif.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey (In Person) Mr.Shashi Ankit Mugdal, Adv.

For the Respondent/s :

Mr.Sita Ram Yadav, GP-16 Mr.Yatindra Narayan, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024

1. Though the present writ petition has been filed for directing the District Magistrate, Nalanda at Biharsharif, to transfer the arms license in favour of the petitioner, which is at the moment registered in the name of the father of the petitioner, who is 85 years old, however, the learned counsel for the petitioner has submitted that the Commissioner, Patna Division, Patna, by an order dated 10.11.2022, passed in Arms Appeal Case No.1 of 2021, has considered the case of the petitioner

Patna High Court CWJC No.15183 of 2024(2) dt.03-10-2024 2/2 positively and has remanded the matter back to the District Magistrate, Nalanda at Biharsharif, to reconsider the case of the petitioner for transfer of arms license in his name, however, the District Magistrate, Nalanda at Biharsharif, has not taken any final decision till date, hence he be directed to take a final decision in the matter.

2. Per contra, the learned counsel for the respondentState submits that in case the aforesaid case is still pending consideration, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Nalanda at Biharsharif, to dispose off the aforesaid case of the petitioner for transfer of arms license in his name, by passing a reasoned and a speaking order, in accordance with law, in case the same has not yet been passed, within a period of six weeks of receipt/production of a copy of this order.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U