Manoj Chandra Dubey vs The State of Bihar and Others

Radha Mohan Prasad, J.—In this writ petition, grievance of the Petitioner is that his application for grant of fire-arms licence for possessing D.B.B.L. (Gun), for which his deceased father had possessed valid licence and which after his death was later deposited with the licenced dealer for safe custody u/s 21 of the Arms Act, has not been disposed of as yet.

It appears that the Petitioner applied for grant of said licence in the year 1994 itself and the matter remained pending now for over six years. However, learned Government Advocate appearing for the District Magistrate, Rohtas has produced a copy of the order contained in Memo No. 1393 dated 21.7.2001 whereby line application for grant of licence for DBBL Gun to the Petitioner has been allowed and the Petitioner is now required to deposit the requisite fee and his two passport size attested photographs for issuance of the licence. A copy of the said order has also been handed over to the learned Counsel for the Petitioner.

Accordingly, this writ petition is disposed of with a direction that the Petitioner may comply the said formalities whereupon the District Magistrate, Rohtas (Respondent No. 2) shall issue licence within three days thereafter. Learned Counsel for the Petitioner has rightly submitted that Respondent No. 2 be directed to issue formal order for release of the gun to the Petitioner from the dealer forthwith on issuance of licence. Respondent No. 2 is accordingly directed to issue formal instruction to the dealer.