matter is pending for no objection by the S.P., Khagaria as he is the competent authority to assess the prevailing circumstances on the spot for which letter no 827 dated 28.05.2013 and letter no.1265 dated 31.08.2013 were sent by the S.D.C., General Section, Khagaria. However, the counter affidavit does not disclose as to under what circumstance without such assessment and without raising such issue, the respondent the District Magistrate, Khagaria could concede before in C.W.C.J.No.14547 of 2010 that weapon of the petitioner would be released which was also seized in view of the same situation prevailing in the District of Khagaria. It appears that vide order dated 2.2.2012 passed in C.W.J.C. No.16971/11 contained in Annexure-6 a Single Judge Bench of this Court had directed the District Magistrate, Khagaria, to release the firearm of the petitioner. Still in the present case a stand has been taken that the situation has not been assessed as yet and, any other such assessment, a decision would be taken with respect to the release of the firearms of the petitioners. If such situation is still continuing since 22.8.2010 till date even after expiry of about 5 years, then, in my view the District Administrator is to be blamed and not the petitioners. No charge against them is also there of abating such situation. Thus, in my view, the direction itself to deposit the gun vide Annexure-1 and
