SWEETLY KUMARI ALIAS REKHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner is aggrieved with the order dated 5 -2 -2001 passed by the District Magistrate, Patna (respondent No. 3) in Arms Misc. Case No. 2/99, contained in Annexure -1, by which he has rejected the application of the petitioner for grant of licence of N.P. Bore Rifle. 10

(2.) ACCORDING to the case of the petitioner, on 9 -8 -1995 she filed an application for grant of licence of N.P. Bore Rifle before respondent No. 3, on which the District Arms Magistrate, Patna called for a report from the Officer Incharge, Patrakarangar Police Station on 19 -9 -1995. The Officer Incharge, in turn, made recommendation for grant of said arms licence on 20 -8 -1996, which was also forwarded and recommended by the Dy. S.P. Sadar on 25 -2 -1997 (Annexure -4). 15 Petitioner ';s further case is that when respondent No. 3 did not dispose of her application for grant of, arms licence, she filed writ petition being C.W.J.C. No. 5216 of 1999, which was disposed of by this Court vide order dated 5 -7 -1999 (Annexure -5) directing the respondent No. 3 to dispose of the application for grant of arms licence of the petitioner, if any, in accordance with law within a period of four months from the date of receipt/production of a copy of that order. 20 Petitioner filed contempt petition being M.J.C. No. 1415 of 2000 for compliance of the aforesaid order of this Court and during the pendency of the contempt petition respondent No. 3 passed the impugned order, rejecting the application of the petitioner for grant of licence of N. P. Bore Rifle.

(3.) IT is submitted by the learned Counsel appearing for the petitioner that the petitioner, in fact, 30 submitted a proof of annual income of Rs. 1,10,000.00 and the District Magistrate, Patna (respondent No. 3) has erred in saying that the annual income of the petitioner is only Rs. 60,000.00 . He further submitted that in terms of Sec. 14(2) of the Indian Arms Act, hereinafter referred to as ';the Act ';, the licensing authority cannot refuse to grant any licence to any person merely on the ground that such persons does not own or possess sufficient property. 35