Sudhir Ranjan Barik vs State Of Odisha And Others

Arindam Sinha, J

Mr. Prusty, learned advocate appears on behalf of petitioner and refers to order dated 1st May, 2023 to submit, there be direction in terms of prayers made in the writ petition.

Ms. Pattanayak, learned advocate, Additional Government Advocate appears on behalf of State and submits, counter has been filed, in which it has been stated that petitioner does not have taxable income.

Paragraphs 3 and 4 from order dated 1st  May, 2023 are reproduced below.

“3. Communication dated 8th January, 2023 made by the Superintendent of Police to the Collector and District Magistrate, is reproduced below.

“With reference to the letter and subject cited above, this is to intimate that, the applicant Sudhir Ranjan Barik, S/o: Batakrushna Barik of village: Alasudha, PO: Piteipur, PS/Dist: Jagatsinghpur is a business man and deals in huge cash transaction. There is no threat to his life. On verification of C/A there is nothing adverse against him either criminally or politically. He wants the arms for self protection. His application for arms license is not recommended.”

(emphasis supplied)

State will be heard on its contention that a businessman dealing in huge cash transactions cannot perceive danger to himself.”

Now, contention of State is petitioner does not have taxable income. It becomes apparent that there was non-application of mind in making impugned communication dated 16th February, 2023. It is set aside and quashed. The authority will issue fresh communication on the application of petitioner for issuance of arms licence. This is to be done within three weeks of communication.

The writ petition is disposed of.

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