IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19658 of 2010 IMBESAT SHAUKAT SON OF ACHARYA SHAUKAT KHALIL, RESIDENT OF MOHALLA MANSUKH NAGAR, EKMI GHAT, P.S. BAHADURUR, DISTRICT DARBHANGA …PETITIONER Versus THE STATE OF BIHAR & ORS . … RESPONDENTS ----------- For the Petitioner : Md.Nadim Siraj, Advocate For the State : Mr.Neeraj Nandan, G.P.18 2 9.12.2010 The petitioner is a Managing Director of Mithila Minority Dental College and Hospital, Ekmi Ghat, Laheriasarai, Darbhanga and Joint Secretary, Bihar State Private Dental Colleges Association, Patna. The petitioner submits that several districts of the State of Bihar are naxalite infested and earlier a dacoity was also committed in his house for which he has instituted a case vide Bahadurpur P.S. Case No.78 of 1998 under section 395 of the Penal Code. He further submits that huge ransom was also demanded from him for which a Sanha was reported in the police station on 25.3.1999. The petitioner made two applications for arm license; one for Revolver and another for Rifle before the District Arms Magistrate, Darbhanga who after due consideration granted Rifle license to the petitioner bearing licence no.525/2000 contained in Annexure-2. The petitioner also filed an application for converting his rifle licence into one revolver licence. The case of the petitioner is that as his conversion application is pending and as such he did not purchase the Rifle. In the meanwhile, the respondent no.3 without affording any 2 KHAN opportunity of hearing to the petitioner has cancelled the arms licence no.525/2000 of the petitioner vide letter dated 13.3.2007 contained in memo no.107/Arms. Being aggrieved by the aforesaid order dated 13.3.2007,the petitioner filed an appeal before the Court of the Commissioner, Darbhanga vide Misc. Case No.05/2007-08 who after hearing the parties set aside the order of cancellation of arms license dated 13.3.2007 and remanded the matter to be considered afresh. It was observed that the Collector, Darbhanga should have disposed of the application of the petitioner for converting the rifle licence into revolver licence. However, in pursuance of the order dated 10.3.2008 the respondent no.3 issued a show cause notice dated 120.10.2010 contained in memo no.372/Arms whereby he put the Arms licence no.525/2000 of the petitioner under suspension and also proceeded for cancellation of the license on the ground of non-purchasing of arms. Having regard to the facts and circumstances of the case, this court directs Collector, Darbhanga to dispose of the petitioner’s application for grant of revolver licence within a period of ten weeks from the date of receipt/production of a copy of this order as it is pending since long. It would be open for the petitioner to file his show cause to the impugned notice contained in Annexure-6. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J) 3