Allowed

Ashok Kumar Mishra v. The State Of Bihar and Ors.

Patna HC24 Apr 2019CWJC/17057/2016

Case brief

AI extract

What is this about?

Petitioner challenged rejection of arms license application. Court held threat perception is not sole ground for refusal. Writ petitioner allowed, impugned order quashed, matter remitted for fresh decision within four months complying with Rule 25.

What did the court decide?

Writ petition allowed; Annexure-8 quashed; matter remitted to Collector for fresh decision within four months.

Ashok Kumar Mishra Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17057 of 2016

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Ashok Kumar Mishra son of Shri Lallan Mishra Resident of VillageKanjharuan, P.S.- Koran Sarai, District- Buxar, Bihar.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The Principal Secretary, Home Government of Bihar, Patna.

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The District Magistrate, Buxar.

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The Superintendent of Police, Buxar.

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The Sub Divisional Magistrate, Dumraon, Buxar.

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The SHO, Koran Sarai, Buxar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kr. Singh Ms. Sudha Chandra For the Respondent/s : Mr.Sanjay Kumar - Aag3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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4 24-04-2019

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Heard learned counsel for the petitioner and the

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counsel appearing on behalf of the State.

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Petitioner is aggrieved by the order of the Collector contained in Annexure-8.

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Learned counsel for the petitioner submits that father of the petitioner was initially granted gun lisence and on account of his old age, the petitioner applied before the District Magistrate to transfer the double barrel gun which was purchased by the grandfather and for issuance of arms license .

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Learned counsel for the petitioner submits that subsequently grandfather of the petitioner who was original

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Patna High Court CWJC No.17057 of 2016(4) dt.24-04-2019 2/3

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licensee died on 10.8.2017 i.e. during the pendency of the writ application.

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Learned counsel for the petitioner would submit that the application for grant of gun license was rejected only on the ground of lack of threat perception.

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Learned counsel submits that thereat perception may be a relevant factors but it was not a sole consideration for award of license or refusal of license. The Collector while refusing grant of gun license has not considered the other aspect of the matter. He submits that the Collector was required to take derision in terms of rule 25 of 2016 as well as law laid down by the Division Bench reported in 2019 (1) 664.

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Considering the fact that the application of the petitioner for grant of license and transfer of double barrel gun was rejected by the Collector only on the ground of threat perception which was condemned as a ground of rejection in numerous cases, the Court is of the considered view that the matter requires fresh consideration by the District Magistrate.

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Accordingly, the writ petition is allowed. The Annexure-8 is quashed. The matter is remitted back to the Collector, Buxar for taking fresh decision on the application for grant of arms license to the petitioner within a maximum period

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Patna High Court CWJC No.17057 of 2016(4) dt.24-04-2019 3/3

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of four months.

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While taking decision, the Collector is required to

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take decision in terms of Rule 2016 as well as judgment of the Division Bench reported in 2019(1) 664.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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Ashok Kumar Mishra v. The State Of Bihar and Ors.

Case brief

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Ashok Kumar Mishra v. The State Of Bihar and Ors.

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