KAUSHAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vishal Saurabh, learned Counsel appearing on behalf of the petitioner and Ms. Divya Verma, learned AC to AAG-3, appearing on behalf of the respondent-State.

(2.) The present Writ application has been filed for a direction to the respondent authorities to grant arms licence to the petitioner for DBBL Gun for which the application is pending since 31/3/2012.

(3.) It is submitted by Mr. Vishal Saurabh, learned Counsel appearing on behalf of the petitioner that uncle of the petitioner namely, Meghnath Singh, having arms licence for DBBL Gun No.1583 under licence no. 2/83 died issueless on 8/8/2011 leaving behind his widow, namely, Moti Jhari Kuwar. The petitioner being the only male legal heir of the deceased deposited the said gun with the arms dealer M/s Bharat Shastragar on 8/9/2011. The receipt of the same has been brought on record as Annexure-2. Subsequently, the petitioner applied for grant of arms licence for NP bore DBBL Gun on 31/3/2012 before Respondent no.2, the District Magistrate, Sasaram for security of his property and life of the family members including the widow of licencee. The wife of licencee, Moti Jhari Kuwar sworn an affidavit to the effect that she has no objection if the said gun is released in favour of the petitioner. The said affidavit has been brought on record as Annexure-3, but till date in spite of several representations made before the respondent authorities including representation dtd. 9/9/2016, as contained in Annexure-4, the arms licence has not been issued to the petitioner. However, the petitioner has to make payment against rental charges to the arms dealer where the gun in question is deposited.