IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.525 of 2011 ==================================================== GANANAND MISHRA - Petitioner/s(s) Versus THE STATE OF BIHAR & ORS - Respondent/s(s) ==================================================== Appearance : For the Petitioner/s : Mr. BINODANAND MISHRA For the Respondent/s: Mr. J.P.KARN AAG9 ==================================================== 4 1.7.2011 The petitioner seeks quashing of the order dated 14.9.2010 passed by the Commissioner, Darbhanga Division, Darbhanga whereby the appeal bearing Misc. Case No.27/2007-08 filed by the petitioner has been rejected. The petitioner was holder of Arms Licence No. 23 of 74 of DBBL Gun NO.7054980 and Licence No.522 of 1980 of Revolver No.32 LJW 884002. On the basis of recommendation of the Superintendent of Police, Madhubani dated 11.10.2004 contained in letter no.3777(CR) the licence of the petitioner was suspended and thereafter the licence was cancelled by order of the District Magistrate, Madhubani. The appeal preferred against the order of cancellation of licence before the Commissioner also did not succeed. Learned counsel submits that an F.I.R. bearing Jhanjharpur R.S. Shivir P.S. Case No.156 of 2003 under sections 147, 149, 427/506 of I.P.C. and section 27 of the Arms Act was instituted against the petitioner. It would appear from the F.I.R. that there was some land dispute and the petitioner at the worst was alleged to have opened fire in the air. There is no allegation 2 KHAN that he intend to injure or hurt any one by opening fire. He further submits that in all these years the petitioner has kept good behaviour and by now the period of cancellation of his licence completes over six years. The petitioner faces threat to his life and on account of village politics the people are trying to encroach upon his land. Counsel for the State submits that the petitioner took law on his own hand and he should have approached the District administration if he had any grievance in this regard. Having heard learned counsel for the parties and on going through the materials on record, it appears that charge sheet has been submitted in the case wherein it has been stated that the petitioner had opened fire in the air to frighten the other side. So far as threat of his life and property from extremists and other anti social elements are concerned, it would be always open to the petitioner to approach the District Administration for necessary protection. However, it would be open for the petitioner to file a representation before the appropriate authority for revocation of his licence if the criminal case is not disposed of within a period of two years from today. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)