RAJIV RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ application has been filed for quashing the order dated 1.11.2017 passed by the respondent no. 2, District Magistrate, Patna, whereby the petitioner's application for grant of licence for NP bore rifle has been rejected.

(3.) It is submitted by learned counsel for the petitioner that in view of the chequered history of the present case, the petitioner's writ application may be entertained waiving the statutory remedy of appeal under section 18 of the Arms Act, 1959. The petitioner is a business man and income-tax payee. The father of the petitioner was granted licence for NP bore rifle bearing Licence No. 528/2004. The father of the petitioner died on 28.5.2012, whereafter the rifle was deposited with the Arms dealer, namely, M/s City Fire Arms on 25.6.2012, receipt of which is annexed as Annexure 2. Thereafter the petitioner represented before the Licensing Authority Respondent no.2 the District Magistrate, Patna for grant of NP bore rifle for the safety of life and property on 21.7.2012. The petitioner's application for grant of licence was kept pending for a considerable period by the Licensing Authority, as a result the petitioner preferred CWJC No. 21315 of 2012, which was disposed of by a bench of this Court vide order dated 23.11.2012, as contained in Annexure 4, with a direction to the Licensing Authority that the application of the petitioner for grant of arms licence be disposed of within a reasonable time.