IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6463 of 2006 NANDJI PANDEY, SON OF RAJ NARAIN PANDEY, RESIDENT OF VILLAGE- DUBWALIA, P.S. KATEYA, DISTRICT- GOPALGANJ :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, SARAN DIVISION CHHAPRA. 3. THE DISTRICT MAGISTRATE, GOPALGANJ. 4. THE OFFICER INCHARGE, KATEYA POLICE STATION, DISTRICT- GOPALGANJ :---RESPONDENTS. ----------- For the petitioner : Mr. Hare Krishna Kumar, Advocate. For the State : Mr. Gautam Bose, A.A.G.-8 Mr. Ajay Kumar, A.C. to A.A.G.-8 ====== 3. 05.04.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 05.05.2005 passed by District Magistrate, Gopalganj in Arms Case No. 104/2005, Annexure-5, whereunder his gun licence has been cancelled for his failure to deposit the gun during the 2005 election by 20th of February, 2005. He is also aggrieved by the order dated 18.02.2006 passed by the Commissioner, Saran Division, Chapra in Arms Appeal No. 57/2005-06, Annexure-7 whereunder aforesaid order dated 05.05.2005 passed by the Collector, Gopalganj, Annexure-5 has been affirmed with further direction to the petitioner to pay a cost of Rs. 500/-. 3. It is submitted on behalf of the petitioner that at the relevant time petitioner was serving as Junior Engineer in Durgawati Canal Division, Bhitari Bandh Block- Rampur in the district of Bhabua and was engaged in election duty in the light of the instructions of the District Election Officer 2 dated 31.01.2005, Annexure-2 and as he was himself engaged in election duty it was not possible for him to come to Gopalganj for depositing the gun. It is further submitted on behalf of the petitioner that the other male member available in the family was his father who is over 90 years of age and could not have been authorized to carry the gun for being deposited in the Police Station. 4. Aforesaid cause shown by the petitioner has not been accepted by the District Magistrate under the impugned order as election in which petitioner was to serve as a Patrolling Magistrate was held on 03.02.2005 and time granted to him to deposit the gun was until 20.02.2005, as such, after performing the election duty at Bhabua petitioner had ample time to come to Gopalganj to deposit the gun. 5. True it is that having performed the election duty petitioner had time to come to Gopalganj to deposit the gun and petitioner should have complied the instructions of the Licensing Authority. Fact, however, remains that after cancellation order was passed petitioner deposited the gun with the Officer-in-Charge which is evident from receipt granted by the Officer-in-Charge dated 29.05.2005. The Commissioner without noticing the subsequent conduct of the petitioner that he has deposited the gun after the order of the Licensing Authority cancelling the licence has proceeded to dismiss the appeal with cost of Rs. 500/-. 6. Having heard counsel for the petitioner and the 3 State, I am of the view that as petitioner has never misused the gun and that he deposited the same soon after the cancellation order was passed and prior thereto he could not have been authorized his father who was about 90 years of age to deposit the gun in compliance of the direction of the District Magistrate, the cause of justice shall be subserved if petitioner is directed to deposit a cost of Rs. 1,000/- for his failure to deposit the gun within the time granted by the District Magistrate. Accordingly, the order passed by the Collector, Gopalganj and the Commissioner, Saran Division, Chapra dated 05.05.2005, 18.02.2006, contained in Annexures- 5, 7 is set aside. On payment of cost of Rs. 1,000/- the gun licence of the petitioner be restored and the arm returned to him. Necessary compliance of this order be made as early as possible, in any case within two months of the deposit made by the petitioner. 7. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)