RAMESHWAR NATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner had applied for grant of arms licence under the Arms Act, 1959 (hereinafter referred to as 'the Act') for N.P. Bore SBBL gun in 2001, for his self defence and protection of his family. It is his case that despite the fact that there was a favourable report of the Police on due verification, his application was rejected in the year 2006 on specious ground that he could not produce any cogent documentary evidence in support of his threat perception, requisite for grant of such licence. He had preferred an appeal against the said order of the District Magistrate before the Commissioner, Patna Division, which was disposed of by an order dtd. 1/6/2012, remitting the matter back to the District Magistrate, Rohtas. The District Magistrate, Rohtas again rejected the petitioner's application by an order dtd. 8/5/2013 on the same ground of the petitioner's inability to produce any cogent documentary evidence to justify any threat to his life or property. The petitioner thereafter approached this Court by filing a writ application, giving rise to CWJC No. 14628 of 2013. The writ application was allowed by an order dtd. 28/9/2015 (Annexure-5) in following terms:-

(3.) The petitioner again approached the District Magistrate, Rohtas in the light of this Court's order dtd. 28/9/2015. After having received a notice from the office of the District Magistrate, he is said to have appeared before him on 15/3/2016 in the proceeding for grant of arms licence. As no decision was being taken despite the Court's order dtd. 28/9/2015, the petitioner filed a contempt application before this Court, giving rise to M.J.C. No. 3896/2016. It was during the pendency of the contempt petition that another notice was issued dtd. 27/8/2018, asking the petitioner to appear before the District Magistrate along with certain documents.