← Library
Patna High CourtCWJC/24469/2019disposed

Kumar Uma Shankar, v. The State Of Bihar.

2020-01-20Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24469 of 2019 ====================================================== Kumar Uma Shankar, Son of Late Surendra Prasad, Resident of Village- Andi, Police Station - Asthawan, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Nalanda, District- Nalanda. 3.

The District Arms Magistrate, Nalanda, at Biharsharif, District- Nalanda. 4.

The Superintendent of Police, Nalanda, District- Nalanda. 5.

The Thana-In-Charge, P.S. Asthawan, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the Respondent/s :

Mr. P. K. Verma ( AAG-3 ) Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-01-2020 Pursuant to an order of this Court dated 16.01.2020, the District Magistrate, Nalanda is personally present and has filed a counter affidavit.

2. The matter relates to disposal of petitioner's application for grant of arms licence, which is pending with him since 2013. The petitioner had earlier applied for arms licence, which was rejected by an order dated 21.08.2010. The said order of rejection was subsequently set aside by the Divisional Commissioner, Patna and the matter was remanded back to the District Magistrate, Nalanda for passing an order afresh. This is how the matter is pending with the office of the District

Patna High Court CWJC No.24469 of 2019(3) dt.20-01-2020 2/3 Magistrate since 2013.

3. It has been stated in the counter affidavit that the office of the District Magistrate could not receive report from the police which is requisite for consideration of application for grant of arms licence. It has further been stated that now the report from the office of the Superintendent of Police has been received in respect of the petitioner's application for grant of arms licence. In terms of Arms Rules, 2013 framed under various provisions of the Arms Act, a certificate under Form S-1 is required to be submitted by the petitioner and once a duly filled up format is submitted, the District Magistrate shall expedite passing of appropriate orders on the application of the petitioner for grant of arms licence.

4. It has transpired in course of hearing of the case that there are 1254 applications for grant of arms licence which are pending with the office of the District Magistrate, Nalanda. The District Magistrate has assured this Court that he will be taking steps and personally monitoring expeditious disposal of all such applications. He has also submitted that in most likelihood, all such applications shall be disposed of maximum within a period of 90 days.

5. In view of the averments made in the counter

Patna High Court CWJC No.24469 of 2019(3) dt.20-01-2020 3/3 affidavit and submissions made on behalf of the parties as well the District Magistrate, Nalanda, this application stands disposed of.

(Chakradhari Sharan Singh, J) Rajesh/- U