HARI NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsels for the petitioner and the respondent-State. The Writ application was admitted vide order dtd. 28/1/2009 by a co-ordinate Bench of this Court.

(2.) The present Writ application has been filed for quashing of the order dtd. 3/3/2005, passed by the Respondent no.3, the District Magistrate, Aurangabad, as contained in Annexure-3, whereby, the petitioner's 12 Bore D.B.B.L. Gun licence bearing Licence No. 740706B has been cancelled, on the basis of the report of Superintendent of Police, Aurangabad, SDO, Daudnagar, Assistant Police Inspector, Haspura and Inspector of Police, Daudnagar, since the gun of the petitioner has been seized in connection with Haspura P.S. Case No.122 of 2003. Further prayer has been made for setting aside the order dtd. 5/4/2007, passed by the Respondent no.2, the Commissioner Magadh Division, Gaya, in Arms Appeal No.29 of 2006, as contained in Annexure-4, whereby, the Commissioner has dismissed the Arms Appeal of the petitioner preferred against the order dtd. 3/3/2005, passed by the licensing authority the District Magistrate, Aurangabad.

(3.) It is submitted by learned Counsel for the petitioner that the petitioner was granted licence for double barrel gun for the protection of his life and property. The petitioner has never been found misusing the arms. However, in the background of land dispute, going on between the petitioner's agnates and the petitioner Haspura P.S. Case No.122 of 2003 dtd. 14/12/2003, was registered under Ss. 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code and Sec. 27 of the Arms Act, alleging therein that concerning a dispute over cutting of crops, the petitioner and others came armed with deadly weapons and assaulted the informant's side, whereas, it is alleged against the petitioner that he resorted to firing causing injury to the grand-father and the uncle of the informant.