IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4076 of 2010 Prabhakar Kumar S/O Late Ram Hulas Singh R/O Vill.- Lanka Kachuara, P.O.- Lanka Kachhuara, P.S.- Gaurichak, Distt.- Patna Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. Senior Superintendent of Police, Patna 4. Superintendent of Police, Patna 5. Officer-in-charge, P.S. Gaurichak, Patna -------------------- 5. 26.8.2011. MR. Vindhya Keshri Kumar, learned Senior Counsel appearing on behalf of the petitioner and Mr. J.S. Arora, learned Standing Counsel No.6 appearing for the State are present. Learned counsel for the petitioner is permitted to add the Senior Superintendent of Police, Patna, the Superintendent of Police, Patna City, Patna and the officer-in-charge of Gaurichak Police Station as respondent no.3,4 and 5 to the present proceedings. The writ petition has been filed questioning the order dated 17.12.2009 passed by the respondent no.2 the District Magistrate, Patna, whereby he has refused to issue the arms licence to the petitioner by reason of the failure of the police authorities in submitting its reports as required under the Arms Act. A counter affidavit has been filed by 2 the respondent no.2 reiterating this position. Upon hearing the learned counsel appearing on behalf of the parties, this court is of the opinion that the reasons so assigned in the impugned order as contained in Annexure-4 to the writ petition, is wholly unsustainable and is fit to be set aside. The failure on the part of the police authorities including the Senior Superintendent of Police, Patna or the Superintendent of Police, Patna City, Patna to forward the police report can not be a ground for non-consideration of the prayer of the petitioner for grant of licence. The order as contained in Annexure-4 is accordingly set aside. Let the District Magistrate, Patna seek fresh report from the newly added respondents within a period of four weeks from the date of receipt/production of a copy of this order and the concerned respondent shall be under a duty to forward the report sought by the District Magistrate within a period of six weeks thereafter. The District Magistrate, upon receiving the report, shall consider the case of the petitioner and dispose of the same in 3 accordance with law within a period of four weeks thereafter. The writ petition is disposed of with the directions aforesaid. ahk (Jyoti Saran,J.)