Patna High CourtCWJC/23155/2018disposed

Birendra Ray v. The State Of Bihar And ORS

2019-01-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23155 of 2018 ====================================================== Birendra Ray Son of Late Sakaldeo Rai @ Sakaldeo Yadav, Resident of Village- Rajauli, P.O. Berui Dhanaw, P.S. Baniyapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Saran at Chapra, District- Saran at Chapra.

3. The District Arms Magistrate, Saran at Chapra, District- Saran at Chapra.

4. The Superintendent of Police, Saran at Chapra, District- Saran at Chapra.

5. The Sub-Divisional Officer, Chapra Sadar, District- Saran at Chapra.

6. The Sub-Divisional Police Officer, Chapra Sadar, District- Saran at Chapra.

7. The Circle Inspector of Police, Chapra Sadar, District- Saran at Chapra.

8. The Station Head Officer, Baniyapur, District- Saran at Chapra.

9. The Circle Officer, Baniyapur, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Anita Kumari For the Respondent/s :

Mr.Partha Sarthi -GA4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2019 Heard the parties.

In the present writ application, the following reliefs have been sought for on behalf of the petitioner : 1(I) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent No.2 for disposal of Arms License Case No.331 of 2016 which is pending consideration before the Respondent No.2 at least since 28.11.2016 in respect of which the petitioner had filed his application much earlier and he has been recommended for grant of license by the Respondent Nos.4 to 9.

(II) For a declaration that if application of the

Patna High Court CWJC No.23155 of 2018(2) dt.31-01-2019 2/2 petitioner for grant of Arms License on account of danger of his life and property was recommended by the Respondent Nos.4 to 9, there was no occasion for the Respondent No.2 to keep the matter pending before him since long.

The petitioner had applied for arms licence. On the application of the petitioner, Arms Licence Case No.331 of 2016 was instituted. The said case is pending till date. No final order has been passed.

Considering the aforesaid facts, the Respondent No.2 i.e. The District Magistrate, Saran at Chapra is directed to pass an appropriate order in the aforesaid case in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U