IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12027 of 2011
1.Prem Shankar Singh S/O Sri Ratneshwari Singh @ Ratneshwari Nandan
Singh R/O Vill.- Madhkaul, P.S.- Belsand, Distt.- Sitamarhi, Bihar
Versus
1. The State Of Bihar Through The Secretary Home Department Govt.
Of Bihar, Patna
2. The District Magistrate Sitamari
3. The Sub- Divisional Officer (S.D.O) Belsad, Distt.- Sitamarhi
4. The District Arms Magistrate Sitamari
5. The District Superintendent of Police Sitamari
6. The Sub- Divisional Police Officer Belsad, Distt.- Sitamarhi
2 14.10.2011
The petitioner is aggrieved by the order dated
29.3.2011 whereby the learned District Magistrate, Sitamarhi
has rejected his application for arms licence.
The petitioner submits that he applied for grant of
arms licence in the year 2002. However, as no decision for grant
of arms licence has been taken by the authorities concerned, the
petitioner filed C.W.J.C.No.783 of 2010 for its disposal. This
court by order dated 24.8.2010 directed the District Magistrate,
Sitamarhi to dispose of the application of the petitioner within
three months. The petitioner has now challenged the order of the
District Magistrate rejecting his application. The petitioner
submits that the area, where he lived, is a naxal affected and his
brother was also killed on 1.8.2011.
In my view, the aforesaid aspect may be one of the
considerations for grant of arms licence but the petitioner should
prefer statutory appeal provided under the Act. In case the
petitioner files an appeal before the Appellate Authority, the
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learned Appellate Court would sympathetically consider his case
for condonation of delay in filing the appeal.
This writ petition is disposed of with the aforesaid
liberty.
KHAN (S.P.Singh,J)