IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16633 of 2009
1. MAHENDRA PRATAP SINGH S/O LATE KALPANATH SINGH R/O
VILL.- GHATAON, P.S.- KUDRA AND DISTT.- KAIMUR (BHABHUA)
Versus
1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE null
DISTT.- KAIMUR (BHABHUA)
2. COMMISSIONER PATNA DIVISION
3. DISTRICT MAGISTRATE null DISTRICT - KAIMUR (BHABHUA)
4. SUPERINTENDENT OF POLICE null KAIMUR (BHABHUA)
5. OFFICER IN CHARGE P.S.- KUDRA, DISTT.- KAIMUR
(BHABHUA)
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2. 6.12.2010 Heard learned counsel for the petitioner and
the State.
The petitioner is aggrieved by the order
dated 30.7.2007, passed by the District Magistrate,
Kaimur at Bhabhua refusing to grant an Arms licence.
His appeal preferred against the same has been
dismissed by the Commissioner on 3.10.2009 on
grounds of delay.
Counsel for the petitioner submits that the
order of the District Magistrate is beyond the
limitations of his statutory powers under Section 14 of
the Arms Act for refusal of an Arms licence. The
Appellate order does not act in the best interest of
justice by refusing to condone the delay of three
months only.
This Court is not satisfied that the appellate
authority acted in the best interest of justice by
refusing to condone the delay of three months only in
2
the nature and facts and circumstances of the case
when the petitioner was essentially seeking an Arms
licence to enable him to continue with the licenced
weapon possessed by his now deceased father.
Remanding the matter to the appellate authority shall
serve no purpose as the Court is satisfied that the
impugned order dated 30.7.2007 of the District
Magistrate is contrary to Section 14 of the Arms Act.
The impugned order of the District
Magistrate seeks to find fault with the Superintendent
of Police but visits the petitioner with punishment.
The impugned orders dated 30.7.2007 and
3.10.2009 are set aside. The matter is remanded to
the District Magistrate, Kaimur at Bhabhua to dispose
off the petitioner’s Arms licence in accordance with
law within a maximum period of one month from the
date of receipt/production of a copy of this order.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)