MATHURA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ application has been filed for quashing the order dtd. 3/10/2013 passed by the Respondent no. 3 the Commissioner, Magadh Division, Gaya in Arms Appeal No. 233 of 2012, whereby the order dtd. 23/8/2012/29/8/2012 passed by the Respondent no.4, District Magistrate, Nawada in Arms Case No. 134(M) of 2012 cancelling the arms licence of petitioner of NP Bore Rifle bearing Licence No. 11/1999 has been affirmed, whereby the Respondent no. 4 has cancelled the arms licence of NP Bore Rifle vide Licence No. 11/1999 of the petitioner. Hence, quashing of both the orders has been prayed for.

(3.) The factual matrix of the case would unveil that the petitioner being a social worker, was granted NP Bore Rifle vide Licence No. 11/1999 by the licensing authority, i.e. Respondent no. 4, the District Magistrate, Nawada on the recommendation of the then Superintendent of Police, Nawada. In 2005, the Respondent no. 5, Superintendent of Police, Nawada submitted a report to the Respondent no. 4, the District Magistrate, Nawada recommending that the petitioner is accused in Kashichak P.S. Case No. 68 of 1999 and he has been chargesheeted in the case, hence, his licence may be cancelled. Consequently, the Respondent no. 4, the District Magistrate, Nawada vide order dtd. 21/1/2005, as contained in Annexure 3, directed the petitioner to submit an explanation as to why his arms licence be not cancelled.