LAWS(PAT)-2018-2-223

SATISH KUMAR SINGH Vs. THE STATE OF BIHAR

Decided On February 16, 2018
SATISH KUMAR SINGH Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Dinesh Maharaj learned counsel for the petitioner and AC to SC-1.

(2.) This writ application has been filed for a direction to the respondents-authorities, particularly, the District Magistrate-cum-Licencing Authority, Saharsa under the Arms Act, to dispose of the application with regard to issuance of licence for DBBL Gun, as also the transfer of licence of DBBL Gun No. 59825 in the name of the petitioner, since it is existing in the name of father of the petitioner.

(3.) It is submitted on behalf of the petitioner that the father of the petitioner was holding DBBL Gun No. 59825 and was granted licence vide licence No. 3262 of 1997. Since father of the petitioner had become old and was not feeling well, hence, the application was submitted before the Licencing Authority on 30.4.2014 for transfer/grant of the licence. During Parliamentary Election, 2014, the said DBBL Gun was deposited on 25-04-2014 at Sadar Police Station, Saharsa and since then, the same is lying there. Subsequently, father of the petitioner died on 27-08-2014 and information with regard to the death was given to the licencing authority through representation dated 16-09-2014 and the original licence No. 3262 of 1997 along with the receipt of deposit of arms and death certificate were submitted on 17- 09-2014. At the time of presenting the initial application for transfer of arms licence, father of the petitioner also submitted an affidavit for the transfer of the licence. The petitioner represented before the Licencing Authority vide representation dated 16-06-2016, as contained in Annexure-3, but till date, it has not been disposed of and hence the present writ application.