IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15792 of 2009 1. MD.SHAHNAWAZ ANWER S/O LATE MD. IBRAR AHMAD, R/O ANWAR MANZIL, JOGI-KA CHOURAHA, NAWAB BAHADUR ROAD, P.S- KHAJEKALAN, P.O- PATNA CITY, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE-CUM- COLLECTOR, PATNA 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, PATNA 3. THE DISTRICT ARMS MAGISTRATE, PATNA 4. THE COMMISSIONER-CUM-APPELLATE AUTHORITY, PATNA ----------- 5/ 09/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the orders dated 19.7.2003 passed by the Licensing Authority as affirmed in Appeal No.3/04 on 10.10.2009 rejecting the prayer for grant of an arms licence. It is submitted that the father of the petitioner held an arms licence issued to him in 1973. Upon his death, the weapon was deposited in safe custody and the petitioner applied for grant of arms licence on 6.8.1998. Failure to dispose his application led to institution of C.W.J.C. No.4464/03 by him. Thereafter the impugned order dated 19.7.2003 came to be passed. The petitioner preferred an appeal against the same which has also been rejected. Counter affidavit has been filed on behalf of the respondents. The refusal of an arms licence is regulated by the statutory provisions of the Arms Act. The father of 2 the petitioner was considered suitable for grant of an arms licence. The petitioner has been found unfit on the ground that if he is given an arms licence there shall be a spurt in possession of weapons in the district affecting public peace and security and that the weapon was liable to misuse. The Court has no hesitation in holding that the order of the Licensing Authority is completely without jurisdiction, speculative in nature and in abuse of statutory powers. The Appellate Authority has also completely misdirected itself when it observes that a person to obtain an arms licence has to be suitable and that arms should not be given to undesirable persons. But, there is no finding that the petitioner was a undesirable person. The impugned orders dated 19.7.2003 and the appellate order dated 10.10.2009 are accordingly set aside. The application stands allowed. KC ( Navin Sinha, J.)