In a writ petition, the Patna High Court directed the District Magistratecum-Licensing Authority to decide the petitioner's application for retention of a gun within two months, citing an appellate order and the Family Heirloom Policy.
Direction to the licensing authority to take a final decision within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3547 of 2014
====================================================== Pramod Kumar S/O Mohan Prasad R/O Village - Kotha Toli, P.S. Sasaram, District - Rohtas .... .... Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Sasaram, Rohtas 3. The Superintendent Of Police, Sasaram, Rohtas 4. Sub - Divisional Officer, Sasaram, Rohtas 5. Officer - In - Charge, Sasaram Thana, Sasaram, Rohtas .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Vishal Saurabh, Advocate For the State : Mr. Sanjeev Kumar, A.C. to S.C. 17 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
2 24-11-2015 Heard learned counsel for the petitioner and the State. Petitioner seeks direction to the District Magistratecum-Licensing Authority, Rohtas at Sasaram to take a final decision in terms of the direction of the appellate authority vide Annexure 2 which is an order dated 03.04.2007 passed by the Commissioner, Patna Division in Arms Appeal No.461/ 2006.
It is contended that though such direction was given on 03.04.2007 itself to take a fresh decision in the matter after considering the report filed by the police and granting reasonable opportunity to the petitioner, however, no decision has been taken as yet. Learned counsel for the petitioner has submitted that his father was holding a DBBL gun and after his death, the same has
Patna High Court CWJC No.3547 of 2014 (2) dt.24-11-2015
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been deposited with the Arms Dealer and the petitioner has applied for grant of licence so that he could retain the aforesaid gun in his name.
Having regards to the facts and circumstances of the case, this writ application is being disposed of with a direction to the licensing authority to take a final decision in the matter in accordance with law within a period of two months from the date of receipt / production of a copy of this order also considering the decision of this Court rendered in Manish Kumar Vrs. State of Bihar and other analogous cases [2015(4) PLJR 212 ] and Family Heirloom Policy.
(Dr. Ravi Ranjan, J)
Sanjay-II/-
U
2 issues framed by the court
Whether the impugned order requires the licensing authority to take a final decision on the arm licence application.
Whether the licensing authority must decide within a specified period to avoid inordinate delay.
Colour shows how this judgement treated each authority
Manish Kumar Vrs. State of BiharReferred¶8
Manish Kumar Vrs. State of Bihar and other analogous cases [2015(4) PLJR 212]
Pramod Kumar S/O Mohan Prasad
The State Of Bihar
The District Magistrate, Sasaram, Rohtas
The Superintendent Of Police, Sasaram, Rohtas
Sub - Divisional Officer, Sasaram
Officer - In - Charge, Sasaram Thana, Sasaram, Rohtas
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
