IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3877 of 2004 ALOK NATH SINGH son of late Bachhan Prasad Singh resident of village Kurasan, P.S. Bhabhua, District Kaimur at present residing at village Ekhalashpur, P.S. Bhabhua, District Kaimur Versus 1. THE STATE OF BIHAR 2. The Collector, Kaimur at Bhabhua 3. Arms Magistrate at Bhabhua ----------- 6 05/02/2009 This application has been filed for issuance of a writ in the nature of mandamus for grant of license and also for release of the arm deposited with the arms dealer. Short facts giving rise to the present application are that the petitioner’s father held an arm license as also arm. After his death the arm was deposited with the arm dealer. The petitioner also filed an application for grant of arms license. Alleging that no decision has been taken by the licensing authority either granting the license or refusing the same, he preferred the present writ application. Counter affidavit has been filed on behalf of respondent no. 2 in which it has been stated that prayer of the petitioner for grant of arms license has been rejected by the District Magistrate by order dated 8.9.2004 (Annexure- B). Mr. Chakravarti Singh appears on behalf of the petitioner. The State is represented by S.C. I. There is statutory remedy of appeal provided against the order of the District Magistrate refusing to grant arms license. In that view of the matter, I am not inclined to enter into merit of the case. The petitioner, if so advised, may take recourse to the remedy of appeal. For the present, as the petitioner has no arm license the arm - 2 - deposited with the arm dealer cannot be directed to be released in his favour. This writ application stands dismissed with the observation aforesaid. (C. K. Prasad, ACJ.) AMIN