Petitioner challenged delay in Arms License application. Court directed District Magistrate to decide within 60 days post-general election following Commissioner’s appeal order.
Direction to District Magistrate to decide application for gun license within 60 days after general election.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21044 of 2018
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Satish Kumar S/o Haribansh Singh, Resident of Village- Naya Tola, Saguna, P.S.- Danapur, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Deepak Pandey Mr.Hansa Jha For the Respondent/s : Mr.M. Kumar, AC to GA-4 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 15-05-2019 Petitioner is aggrieved by the indecisiveness of the
District Magistrate in the matter of grant of arms license.
Father of the petitioner was the original licensee of license no. 1831/1988.
Father of the petitioner died on 11.8.2012 thereafter gun was deposited with M/s. P.L. Sharma & Sons, Arms & Ammunition dealer. After depositing of the arms license, petitioner applied for grant of arms license and for transfer of the D.B.B.L. gun in favour of the petitioner.
Learned counsel for the petitioner submits that the
Patna High Court CWJC No.21044 of 2018(2) dt.15-05-2019 2/2
application for the petitioner for grant of gun license was rejected by the District Magistrate, despite the favourable recommendation by the concerned authority. After decision of the Collector dated 9.7.2013, the petitioner preferred appeal before the Commissioner. The Commissioner on consideration of the appeal allowed the same vide Annexure-5.
On 15.7.2016 the Central Government issued fresh format for submission of application form for grant of gun license. Following the notification of the Central Government dated 15.7.2016, the petitioner has submitted application in the form prescribed by the Central Government vide notification dated 15.7.2016. Unfortunately, more than seven months has passed yet no decision was taken by the District Magistrate.
Considering the aforesaid, the present application is disposed of with direction to the District Magistrate to take appropriate decision for grant of gun license of the petitioner in the light of the order passed by the Commissioner in Appeal No. 668 of 2013 dated 26.4.2016 within a maximum period of sixty days after general election.
(Anil Kumar Upadhyay, J)
Ravi/- U
1 issue framed by the court
Whether the District Magistrate should be directed to decide the application for grant of arms license within a specified time.
1 provisions across 1 enactments
Satish Kumar S/o Haribansh Singh
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
