Allowed

Hira Lal Sah v. The State Of Bihar and Ors.

Patna HC9 Apr 2014CWJC/23573/2013

Case brief

AI extract

What is this about?

Writ petition filed against an order or inaction regarding an unpublished arms license application. The court directed the Licensing Authority to consider and dispose of the pending application within two months without waiting for the State to file a counter affidavit.

What did the court decide?

The Licensing Authority (Respondent No.2) directed to consider and dispose of the petitioner's pending application for grant of arms license within two months.

Hira Lal Sah Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23573 of 2013

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====================================================== 1. Hira Lal Sah Son Of Sri Chaturi Sah Resident Of Village - Parsa Sadan, P.O. - Parsa Patti, P.S. - Sahebganj, District - Muzaffarpur

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.... .... Petitioner/s

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Versus

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1. The State Of Bihar 2. The District Magistrate, Muzaffarpur

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The Senior Superintendent of Police, Muzaffarpur

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The Circle Officer, Sahebganj

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The Officer-In-Charge, Sahebganj

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.... .... Respondent/s

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======================================================

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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3 09-04-2014 Heard Mr. Mani Bhushan Kumar for the petitioner and AC to AAG-2 for the State.

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Again a prayer for adjournment/accommodation has been made on behalf of the State for filing counter affidavit. In view of the stand taken by the petitioner and the order this Court proposes to pass on the writ petition, it is neither necessary nor advisable to await filing of the counter affidavit.

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The matter was considered on 24.3.2014 when this Court noticed the grievance of the petitioner as under before granting time to the State respondents to file counter affidavit:-

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“The petitioner claims to have filed an application in the year 2011 for grant of Arm license to hold pistol. Contention is that the requisite recommendation and papers have already been filed therein but the said application has not till date been

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Patna High Court CWJC No.23573 of 2013 (3) dt.09-04-2014

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disposed of by the Licensing Authority i.e. the respondent District Magistrate. He has, therefore, prayed that the application be disposed of directing the respondent Licensing Authority to consider and dispose of his application promptly in accordance with law.”

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The contention of the petitioner is that an application

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was filed for issue of arms licence before the respondent District Magistrate which has till date remained undisposed. It is contended that verification report etc. has already been submitted. The respondent Licensing Authority has not till date disposed of the application of the petitioner in accordance with law.

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Learned counsel for the State, on the other hand, submits that the threat perception of the petitioner is not such in which he is entitled for grant of arms licence.

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Be that as it may, considering the fact that any such application filed for issue of arms licence is required to be considered and disposed of in accordance with the provisions contained in the Arms Act which has not been done till date this Court is satisfied that the present application merits to be disposed of by the following order:-

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Let the Licensing Authority ( respondent no.2) consider and dispose of the pending application of the petitioner for grant of licence to hold arms in accordance with the law as

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Patna High Court CWJC No.23573 of 2013 (3) dt.09-04-2014

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quickly as possible preferably within two months from the date

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of receipt/production of a copy of this order.

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(Kishore Kumar Mandal, J)

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Shyam/-

Hira Lal Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

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Hira Lal Sah v. The State Of Bihar and Ors.

Case brief

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