IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.2 of 2011 THE STATE OF BIHAR --PETITIONER Versus 1. A. AMANULLAH, HOME SECRETARY, SCERETARIAT, PATNA. 2. A.K. CHAUHAN, COMMISSIONER, SARAN AT CHAPRA 3. RAMESH LAL, DISTRICT MAGISTRATE, GOPALGANJ 4. AMIT RAJ, SUPERINTENDENT OF POLICE, GOPALGANJ. -OPP.PARTY 3 20.06.2011 The present matter has been placed before the Division Bench as the Original Criminal Miscellaneous No.2 of 2011 on the direction issued by the learned single Judge to take up the matter to issue suo-motu contempt of court against opposite parties no.1 to 4 on the ground that the State has deliberate effort to over reach or frustrate the order of the Court dated 25.2.2008 and the impugned order has been passed only as formality. While rejecting the show cause filed in M.J.C. no. 1540 of 2008 (Ratan Lal Kedia V. State of Bihar & Ors) the learned single Judge on 04th November, 2009 has referred the matter and the same has been listed as Org.Cr.Misc. no. 02 of 2011 and posted before us today for issuance of show cause notice to the respondents, that is, Mr. Afzal Amanullah, the then Home Secretary, Mr. Ashok Kumar Chauhan, the 2 then Divisional Commissioner, Saran at Chapra, Mr. Ramesh Lal, the then District Magistrate, Gopalganj, and Mr. Amrit Raj, Superintendent of Police, Gopalganj. We have the occasion to go through the entire material placed before us in Org. Cr.Misc. no. 02 of 2011. The case relates to the issuance of gun licence to one Ratan Lal Kedia who have prayed for gun licence which was rejected by the State Government. On an earlier occasion this Court has passed an order on 25th February, 2008 in CWJC no. 10070 of 2004 wherein it has been stated as followd: ``In the given facts as well as judicial pronouncements, this court comes to a conclusion that the order dated 16th October, 2007 contained in Memo No. 9897 passed by the Deputy Secretary, Home (Police) Deptt. Govt. of Bihar is totally arbitrary decision and the same can not be sustained. The order stands quashed and direction hereby issued to the respondents to reconsider the matter afresh keeping the irrelevant considerations out of such decision making process and take a final decision with regard to the grant of arms licence udner form no.XII to the petitioner within a period of three months from the date of communication or production of a copy of this order.’’ When the said order was not complied the petitioner in the said writ petition has chosen to file MJC 3 no. 1540 of 2008 and the learned single Judge of this Court on 04th November, 2009 has passed an order which is extracted as Order no.1 in the order sheet of this case. As such the matter has come up for admission today and for issuance of notice to the proposed contemner. The case relates to issuance of gun licence to Ratan Lal Kedia who has made an earlier application which had been rejected vide Memo. no. 9897 dated 16th October, 2007. The said person, Ratan Lal Kedia, had filed CWJC no. 10070 of 2004 for considering his representation of grant of gun licence. This Court has passed order on 25.2.2008 for reconsideration of the matter afresh and when the same was not complied the said Ratan Lal Kedia filed MJC no. 1540 of 2008. However, show cause has been filed by the respondents stating the reasons for the delay in issuance of licence to Ratan Lal Kedia vide order dated 25.2.2008 passed in CWJC no. 10070 of 2004. It is stated that in compliance of the order dated 25.2.2008 the Home Department has asked the District Magistrate, Gopalganj vide letter no.3423 dated 11.4.2008 to submit his recommendation through the Divisional Commissioner, 4 Saran and vide another letter no.3424 dated 11.04.2008 the Superintendent of Police, Special Branch, Patna and the Superintendent of Police, C.I.D., were also asked to furnish report and the reports were received vide letter no.614 dated 22.05.2008 and D-3669 dated 21.05.2005. It is also further stated that on the report of the District Magistrate, Gopalganj vide letter no.142 dated 24.04.2008 the Divisional Commissioner, Saran vide letter no.194 C dated 24.6.2008 forwarded to the State Government. The matter has been examined thoroughly at different levels and in the light of the aforesaid reports it has been decided not to grant licence and the same was also communicated to the petitioner through registered post. In the contempt petition also show cause has been filed indicating the reasons for the delay in the decision taken by the State Government stating the various reports of the different authorities. However, learned single Judge has rejected the show cause on the ground that it is only a formality and also to frustrate the orders passed by this Court on the ground that it is deliberate effort to overreach or frustrate the order of the Court. However, having gone through the material, we are of the opinion 5 that the State Government has passed the order basing on different reports of different authorities and, however, it is a fact that it took some time to receive the different report. We are of the opinion that it cannot be said that the order is passed only to frustrate the order passed by this Court. Accordingly, we are not in agreement with the opinion of the learned single Judge. As no prima-facie case has been made out to issue suo motu contempt, the application stands disposed of. (T. Meena Kumari, J.) (Akhilesh Chandra, J.) AAhmad