IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5855 of 2010 1. Harihar Ojha S/O Late Tarkeshwar Ojha R/O Justice Mandal Path, Rajbansi Nagar, P.S.- Shashtri Nagar, Distt.- Patna. Versus 1. The State Of Bihar through The District Magistrate, Patna 2. The District Magistrate, Patna. ---------------------------------- 4. 22.9.2011. Heard Mr. Awadhesh Kumar Mishra, learned counsel appearing on behalf of the petitioner Mr. Shashi Shekhar Prasad Sinha, learned Assisting Counsel to G.P.7 for the State. The petitioner, an ex-Air Force personnel and now a practising advocate, has filed this writ petition being aggrieved by the action of the Licensing Authority, i.e District Magistrate, Patna an authority under the Arms Act in not considering his application filed for grant of licence under the provisions of the Arms Act, 1959 (hereinafter referred to as ’the Act’) and the rules framed thereunder. It is the case of the petitioner that he had filed an appropriate application in the prescribed format for grant of licence in respect of a N.P.Bore revolver under the provisions of the Act as back as on 4.11.2004 (Annexure-1), but the same had remained pending consideration with the Licensing Authority despite the recommendations of 2 the Officer-in-Charge, Shastri Nagar Police Station, the Deputy Superintendent of Police, Sachivalaya, the Senior Superintendent of Police, Patna and the Civil S.D.O, Patna. In view of inordinate delay in the matter, the petitioner represented before the District Magistrate, Patna on 21.4.2008 and getting no positive response, moved this court through the present writ petition. The matter was taken up on 12.8.2011 and 2.9.2011 but was adjourned at the request of the learned counsel for the State for seeking instructions. The counter affidavit has finally been filed on 19.9.2011 enclosing an order dated 17.9.2011 rejecting the application of the petitioner. The petitioner has filed a rejoinder thereto. Learned counsel for the petitioner contends that the order passed is without application of mind and the grounds assigned by the Licensing Authority being the District Magistrate, Patna for rejection of the application of the petitioner for arms licence is foreign to the Statutory provisions underlying section 13 and 14 of the Act. Be that as it may, Considering the fact 3 that the Licensing Authority being the District Magistrate, Patna by the order dated 17.9.2011 as contained in Annexure-B has since chosen to reject the application of the petitioner though after a lapse of seven years of the filing of the application, the writ petition is disposed of reserving liberty to the petitioner to challenge the said order by filing a statutory appeal in terms of the provision of Section 18 of the Act. Any such appeal filed by the petitioner within thirty days of receipt of a copy of this order may be treated as an appeal filed within the statutory period provided under the Act and the rules framed thereunder and may be considered and disposed of in accordance with law expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order, after due opportunity of hearing to the petitioner. ahk (Jyoti Saran, J.)