IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.224 of 2006 MD.SABIR ANSARI,S/O GHULAM HAJI MUSTAFA ANSARI, R/O VILLAGE-NUOAN, P.S. NUOAN, DISTRICT-KAIMUR, (BHAUA). -PETITIONER Versus 1. THE STATE OF BIHAR 2. DISTRICT ARMS MAGISTRATE, KAIMUR (BHABHUA) 3. OFFICER-IN-CHARGE, NUOAN, KAIMUR (BHABHUA) 4. DEPUTY COMMISSIONER, DIMAPUR, NAGALAND. -RESPONDENTS 2 21.01.2009 This application has been filed for quashing the order dated 29.1.2003 (Annexure-1) whereby the petitioner had been directed to deposit his arms. Aforesaid order has been passed on the ground that the name of the petitioner does not find place in the list of the licences sent by Nagaland Government. It is the assertion of the petitioner that he possess valid arms licence granted by the licensing authority of the State of Nagaland and, in fact, on a verification made the Deputy Commissioner, Dimapur, had informed to the District Magistrate, Kaimur (Bhabhua) that the petitioner’s licence is genuine. Despite opportunity given to the respondents, no counter affidavit has been filed. Having heard Mr. Promod Kumar Sinha, J.C. to S.C. 9, on behalf of the State and taking into consideration 2 the facts and circumstances of the case, I am of the opinion that the petitioner shall be well advised to file application before the District Magistrate, Kaimur, for release of the arms. Needless to state that in case petitioner files application the District Magistrate, Kaimur, shall take decision in accordance with law within three months from the date of its filing. It is made clear that I have not expressed any opinion in regard to the claim made by the petitioner. In order to facilitate early disposal of the application, petitioner along with a copy of this order shall annex all relevant papers. The application stands disposed of with the direction aforesaid. (C.K. Prasad, ACJ.) AAhmad