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Patna High CourtMJC/2736/2017disposed

Ranjeet Kumar Singh @ Ranjit Kumar Singh v. Anjani Kumar Singh, The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And

2019-08-30Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2736 of 2017 Arising out of Civil Writ Jurisdiction Case No. 5757 of 2014 ====================================================== Ranjeet Kumar Singh @ Ranjit Kumar Singh, Son of- Sri Kapil Deo Rai, Resident of Village- Saleya, P.O.- Akodhigola, P.S.- Akodhigola, DistrictRohtas (Sasaram). ... ... Petitioner/s

Versus

1.

Anjani Kumar Singh, the State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

Anand Kishore, the Commissioner, Patna Division, Patna. 3.

Animesh Kumar Parasar, the District Magistrate, Rohtas (Sasaram), Bihar. 4.

Sanjay Kumar, the District Arms Magistrate, Rohtas (Sasaram), Bihar. 5.

Manavjit Singh Dhillon, the Superintendent of Police, Rohtas (Sasaram), Bihar.

6.

Pankaj Patel, the Sub Divisional Officer, Dehri, Rohtas (Sasaram), Bihar. 7.

The Officer-in-Charge Akodhigola Police Station, Akodhigola, Dihri, Rohtas (Sasaram), Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Singh, Advocate For the State :

Mr. P. K. Verma, AAG 3 Dr. Manteshwar Tiwary, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-08-2019 Heard learned counsel for the petitioner and learned AAG 3 for the State.

2. Pursuant to order dated 13.08.2019, the District Magistrate-cum-Licensing Authority, Rohtas is present in Court. The reason why he was called is recorded in the order dated 13.08.2019.

Patna High Court MJC No.2736 of 2017 dt.30-08-2019 2/3

3. Today, in the show cause filed by him, copy of order dated 25.02.2019 has been brought on record which discloses that the application for grant of arms licence to the petitioner has been rejected.

4. On a query of the Court, the District Magistrate-cumLicensing Authority, Rohtas submitted that basically the rejection is on the ground that the petitioner could not produce a certificate showing that he has training with regard to dealing and operating the arms for which license has been sought and the same is now mandatory under the Arms Rules, 2016. However, he fairly submitted that if the petitioner applies afresh after fulfilling such and other requirements in law, and is able to satisfy the authorities, his application for grant of arms licence shall be considered, in accordance with law.

5. Though, the order dated 18.01.2016 required the District Magistrate-cum-Licensing Authority, Rohtas to take a decision within three weeks and there being more than inordinate delay, but considering the fact that many officers have held the post since passing of the order of the writ Court, coupled with the fact that the present incumbent has tendered unqualified and unconditional apology, the Court is inclined to accept the same.

6. The application, accordingly, stands disposed off.

Patna High Court MJC No.2736 of 2017 dt.30-08-2019 3/3

7. However, the Court would only indicate that the District Magistrate-cum-Licensing Authority, Rohtas shall act in accordance with the stand taken by him before the Court regarding fresh application to be made by the petitioner which shall be considered, in accordance with law, on its own merits.

8. Personal appearance of the District Magistrate-cumLicensing Authority, Rohtas stands dispensed with. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T