MAHANTH BHUWNESHWAR BHAGAT Vs. DISTRICT MAGISTRATE SIWAN

JUDGEMENT

(1.) HEARD Mr. K.N. Keshav, learned counsel for the petitioner and Mr. S.S. Dwivedi, counsel appearing for respondent no. 2.

(2.) THE controversy in this application relates to the release of a D.B.B.L. Gun bearing no. 116137 which was deposited, by the petitioner, in terms of section 21 (l) of the Arms Act, 1956 (the Act' hereinafter).

(3.) ALTHOUGH the petitioner and the 2nd respondent arc in serious dispute over the question of succession of a certain Mahanth Sheo Goswami (deceased), there are certain facts which art beyond any dispute. The gun admittedly belonged to the dccea1ied Mahanth and was duly entered in the licence issued in his name. It is also not in dispute that on the fire arm licence of the deceased Mahanth, the name of the petitioner was entered as the guns retainer alongwith his photograph attached to the licence.