IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5755 of 2010 Parsuram Pandey, son of Sri Satya Narayan Pandey, resident of Village – Kishanpura, P S – Koilwar, District – Bhojpur- Petitioner Versus 1 The State of Bihar 2 The District Magistrate –cum- Collector, Bhojpur 3 The Arms Magistrate, Bhojpur, Ara - Respondents *** For the petitioner : M/s Gopal Govind Mishra, Vijay Kumar Mishra, Advocates For the S t a t e : Mr Ram Das Singh, AC to GP 14 *** 2 05.04.2010 The office note is that the petitioner should mention case number appertaining to the order dated 12.12.2008 as contained in Annexure-4. Petitioner produces the certified copy, Photostat copy whereof is annexed as Annexure-4 which itself does not give any case number which is natural that this order has been passed in the original file upon application for arms licence. Perused the petition. The District Magistrate –cum- Collector, Bhojpur had earlier rejected petitioner’s application for arms licence on the ground that the petitioner had already a licensed arm. That order was set aside by the Commissioner in Appeal being Arms Appeal No 55 of 2003 disposed of on 04.07.2006. The order, as contained in Annexure-4 being order dated 12.12.2008 of the Collector – cum- District Magistrate, Bhojpur is in pursuant to the said remand order. The said order, I regret, is not the order that was required to be passed. The jurisdiction to grant arms licence and pass orders is upon the Collector –cum- District Magistrate, 2 Bhojpur and not upon the District Arms Magistrate, Bhojpur. From the order of the Collector dated 12.12.2008, it is clear that the police recommendation has also been received. I, therefore, direct the District Magistrate –cum- Collector, Bhojpur, instead of shirking his own responsibily, to pass appropriate orders on the application for grant of licence to the petitioner in accordance with law within a period of one month from the date of production of a copy of order of this Court. The writ petition itself stands disposed of. M.E.H./ (Navaniti Prasad Singh)