AAKASH GAURAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Sweta Pandey, learned counsel for the petitioner and Mr. Shailesh Kumar, learned AC to GP-5.

(2.) The present writ application has been filed for a direction to Respondent No. 2, District Magistrate, Patna, the licensing authority under the Arms Act, 1959 (hereinafter referred to as 'the Arms Act') to take a final decision on the application of the petitioner initially submitted for adding licence for one N.P. Bore Rifle on the existing licence of the petitioner being Licence No. 128/2017 granted for N.P. Bore Revolver/Pistol.

(3.) It is submitted by learned counsel for the petitioner that the petitioner runs a hotel business as well as tour and travel agency. The father of the petitioner was a licensee, having licence for N.P. Bore Rifle bearing Arms Licence No. 4243/1997 granted by the licensing authority under the Arms Act, the then District Magistrate, Patna, and consequently he acquired Rifle No. AB970707. The licence was being renewed from time to time and the privilege was never misused. The father of the petitioner passed away on 7/9/2011. Thereafter the petitioner deposited the arms before arms dealer, namely, M/s Patliputra Arms Store, Arms and Ammunition Dealer, Frazer Road, Patna on 12/11/2011. The petitioner initially applied for grant of licence for N.P. Bore Rifle on 30/7/2015 before the licensing authority, District Magistrate, Patna whereupon the petitioner was granted licence being Licence No. 128/2017 for N.P. Bore Revolver/Pistol. Thereafter, the petitioner submitted a fresh application on 3/2/2018 before the licensing authority, annexing therewith, the original copy of the challan and also drew the attention of the licensing authority that as per the provision incorporated in Rule 18 of Arms Rules, 2016 (hereinafter referred to as Rules, 2016) which came into force with effect from 15/7/2016, for additional arms, licence for rifle, only endorsement has to be made on the existing pistol licence of the petitioner. Hence, prayer was made before the licensing authority for adding the licence for NP bore rifle on his original licence for NP bore revolver bearing licence no. 128/2017. The representation further stipulated that the petitioner has also deposited the required fee of Rs.500.00 but till date decision has not been taken on the application of the petitioner, though Serial Nos. 5 and 7 of Schedule V incorporate the period of endorsement of arms or weapon on licence as 7 days from receipt of application for such purpose. Such application was initially submitted for grant of licence for rifle on 30/7/2015 and thereafter on 3/2/2018, for allowing the prayer for addition of licence for additional arms on the original licence of revolver and pistol, under Rule 18 of Rules, 2016, but decision has not been taken till date. Hence, the present writ application.