IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15228 of 2010 1. SUDHIR KUMAR GUPTA S/O LATE NARAIN LAL R/O KAMLA NEHRU NAGAR, P.O.-G.P.O. PATNA, P.S.KOTWALI, DISTT-PATNA Versus 1. THE STATE OF BIHAR , THROUGH ITS HOME SECRETARY BIHAR, PATNA 2. THE DISTRICT MAGISTRATE PATNA, DISTT-PATNA 3. THE SUPERINTENDENT OF POLICE DISTT-PATNA 4. THE DEPUTY SUPERINTENDENT OF POLICE DISTT-PATNA 5. THE OFFICER-IN-CHARGE KOTWALI P.S., PATNA, DISTT- PATNA ----------- 2. 04.04.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order of the District Magistrate rejecting his application for grant of Arms licence. Learned counsel submits that the only reason for rejection was the non-availability of the necessary report from the Police within time. The report has now been received. Therefore the licensing authority may be directed to reexamine matters. Counsel for the State submits that once the application has been rejected for what ever be the reason, there can only be a fresh application for grant of an Arms licence. In absence of the order of rejection passed by the District Magistrate being brought on record, the Court finds it difficult to adjudicate the 2 justification of the reason for which the District Magistrate has rejected the licence. If the ground is only as was submitted on behalf of the petitioner and the law permits the reconsideration of such application after receipt of a report beyond time, the District Magistrate may proceed appropriately if the petitioner so represents. Conversely, if the law prohibits the District Magistrate from considering any such application already rejected by him, except in accordance with law on a fresh application submitted, the petitioner may avail his remedies as he may be appropriately advised. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)