IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6972 of 2006
ABHIMANYU OJHA, SON OF LATE MOKHTAR OJHA, A RESIDENT
OF VILLAGE- ARORA, P.S.- UDWANTNAGAR, DISTRICT- BHOJPUR :---PETITIONER.
Versus
1. THE STATE OF BIHAR,
2. THE DIVISIONAL COMMISSIONER, PATNA AT PATNA.
3. THE DISTRICT MAGISTRATE, BHOJPUR AT ARA.
4. THE SUPERINTENDENT OF POLICE, BHOJPUR AT ARA :---
RESPONDENTS
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3. 11.04.2011. Heard learned counsel for the petitioner and
the State who has not filed counter affidavit inspite of
direction of this Court to file the same contained in order
dated 23.01.2009.
2. Counsel for the petitioner has filed
supplementary affidavit placing on record the order
passed by the District Arms Magistrate, Bhojpur, Arrah
bearing Memo No. 449 dated 28.08.1999, Annexure-3
series, whereunder he directed the petitioner to deposit
the D.B.B.L. Gun-in-question in the light of the order of
the District Magistrate, Bhojpur dated 23.08.1999 as
also the receipt showing deposit of the said gun in
compliance of the aforesaid order on 28.08.1999.
Further with the supplementary affidavit petitioner has
produced the extracts from his arms licence to indicate
that while he remained posted as Senior Auditor,
Finance Department at Hazaribagh the gun was
produced for renewal of the arms licence before the
District Arms Magistrate, Hazaribagh on 27.02.1992 and
09.08.1995.
3. Petitioner is aggrieved by the order dated
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18.12.2000 passed in Misc. Case No. 167/91 by the
District Magistrate, Bhojpur, Annexure-1, whereunder
arms licence of the petitioner bearing no. 894/77 has
been cancelled for his failure to deposit the gun in
compliance of the instructions issued by the District
Magistrate during the election period. He is also
aggrieved by the order dated 21.06.2005 passed in Case
No. 11/2001 by the Divisional Commissioner, Patna,
whereunder aforesaid order dated 18.12.2000 has been
affirmed. It is submitted on behalf of the petitioner that
instruction of the District Magistrate, Bhojpur to deposit
the gun during the election period was not complied
with as at the relevant time petitioner was at Hazaribagh
and notice issued by the District Magistrate, Bhojpur
was not served on him. It is, however, submitted on
behalf of the petitioner that no sooner petitioner learnt
that for his failure to deposit the gun his licence has been
cancelled, he appeared before the District Magistrate and
offered to deposit the gun whereafter order dated
23.08.1999 was passed by the District Magistrate,
Bhojpur directing the petitioner to deposit the gun in
compliance whereto the gun was deposited on
28.08.1999 and such fact would appear from the receipt
dated 28.08.1999 annexed along with the supplementary
affidavit filed today.
4. It appears from perusal of the two
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impugned orders that the authorities below have
proceeded against the petitioner on the basis that he
never deposited the gun in compliance of the orders of
the authorities. In this connection it is submitted that
while the petitioner had no knowledge about the
direction to deposit the gun the same was not deposited
but no sooner petitioner learnt about the order cancelling
his arms licence he appeared before the District
Magistrate, Bhojpur whereafter the District Magistrate
passed order dated 23.08.1999 in compliance whereto
the gun was deposited on 28.08.1999.
5. In view of the submissions noted above, I
set aside the two impugned orders dated 18.12.2000,
21.06.2005, Annexures-1,2 with direction to the
petitioner to appear before the District Magistrate,
Bhojpur at Arrah who shall reconsider the matter in the
light of the order dated 23.08.1999 asking the petitioner
to deposit the gun which was complied with and the gun
was deposited on 28.08.1999. In case petitioner has not
misused the gun, his licence be restored.
6. The writ application is, accordingly,
disposed of.
(V.N.Sinha,J.)
P.K.P.