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Patna High CourtCWJC/15862/2023disposed

Vikash Kumar v. The State Of Bihar

2024-08-07Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15862 of 2023 ====================================================== Vikash Kumar Son of Sri Naveen Kumar, resident of - 65 -Sheela Sadan, Road No. 03, Khas Mahal, Chiryatand, P.S. - Jakanpur, District - Patna - 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Patna Division, Patna. 3.

District Magistrate, Patna.

4.

Senior Superintendent of Police, Patna.

5.

Additional District Magistrate, (Arms), Patna. 6.

District Arms Magistrate, Patna.

7.

Sub-divisional Officer, Sadar, Patna.

8.

S.H.O. Jakkanpur Police Station, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manisha Pandey, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-08-2024 The present writ petition has been filed seeking the following relief:- "1. That the petitioner seeks to invoke the writ jurisdiction of the Hon'ble High Court and prays for issuance of writ or directions or order(s), which may be deemed fit and proper, in the facts and circumstances of case, to the licensing authority, i.e. the respondent No. 3 to dispose of the application of the petitioner dated 19.04.2021 in expeditious and time bound manner as the same has been kept pending till date without passing any order thereupon, in complete violation of the Arms Act,

Patna High Court CWJC No.15862 of 2023(2) dt.07-08-2024 2/3 1959 and Arms Rules, 2016.

i. For issuance of appropriate writ/orders/ directions to respondents to act upon the representation dated 13.07.2023 filed by the petitioner before the District Magistrate -cum- Licensing Authority Patna i.e the respondent No. 3 herein.

ii.For that the Arms application of the petitioner for grant of revolver / pistol license has been pending before the district magistrate, Patna, beyond the time frame in terms of Rule 13 and 14 of the Arms Rule, 2016."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Patna to dispose off the application, filed by the petitioner for grant of arms licence on 19.04.2021, expeditiously.

3.

Per contra, the learned counsel for the respondent-State submits that in case any application has been filed by the petitioner for grant of arms license and the same is still pending consideration, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Patna, to dispose off the aforesaid application, filed by the petitioner for grant of arms license, in case the same has actually been filed and is still pending consideration, by passing a reasoned

Patna High Court CWJC No.15862 of 2023(2) dt.07-08-2024 3/3 and a speaking order, in accordance with law, within a period of six weeks of receipt/production of a copy of this order. 5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U