BIMAL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 20.12.2005 passed by the District Magistrate, Muzaffarpur after remand by the Commissioner, Tirhut Division. The petitioner had applied for grant of a license of the DBBL gun on the ground that he was an agriculturist and was a Government contractor performing Government works in remote areas of Muzaffarpur district, and therefore, he requires an arms license for the protection of his life. There was also a recommendation by the Police Authorities in favour of the petitioner indicating that there were no criminal cases pending against the petitioner and that he was a man of clean antecedent.

(2.) THE Commissioner, Tirhut Division found that the District Magistrate had not mentioned specific grounds for not granting the arms license to the petitioner. It is true that the District Magistrate has to be satisfied that a particular individual requires an arms license, but the satisfaction should be in accordance with law and the reasons transparent. Subjective satisfaction of the District Magistrate does not mean that it would be according to the whims and fancy of the Officer concerned.

(3.) SINCE , the matter is pending since several years, the District Magistrate, Muzaffarpur may conduct the enquiry expeditiously and dispose of the application filed by the petitioner within a period of one month from the date of receipt/production of a copy of this order. This writ application is allowed to the extent indicated aforesaid.