IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12785 of 2008 RAJESH KUMAR @ BABLU SON OF SADHU SHARAN SAH @ SADHU SHARAN SINGH, RESIDENT OF VILLAGE JAINAGAR, LAL PAHARI, P.S. LAKHISARAI, DISTRICT LAKHISARAI ---- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER, MUNGER. 3. THE DISTRICT MAGISTRATE, LAKHISARAI 4. THE SUPERINTENDENT OF POLICE, LAKHISARAI 5. THE OFFICER-IN-CHARGE, LAKHISARAI POLICE STATION. 6. THE OFFICER INCHARGE KABAIYA OUT POST LAKHISARAI. ----------- 2/ 04-02-2009 Petitioner held licence nos. 30 of 2003 and 9 of 2004 for non-prohibited bore rifle and non-prohibited bore pistol, respectively. By order dated 16.09.2004 the District Magistrate, Lakhisarai, cancelled both the licences. Petitioner preferred appeal before Divisional Commissioner who, by order dated 01.04.2005, remitted the matter back to the District Magistrate for reconsideration of the case. While doing so, he observed that the District Magistrate, if he so chooses, may get additional report but he will pass a speaking order. It is the grievance of the petitioner that though the matter was remitted back by Divisional Commissioner by order dated 01.04.2005 and though the additional report has been received, but till date final order has not been passed. Having heard Mr. Pravin Kumar Gupta for the petitioner, A.C. to G.P. 13 for the State and taking into consideration the facts and circumstances of the case, I deem it expedient that respondent no.3, District Magistrate, Lakhisarai, passes final order within three months from the date of receipt/ production of a copy of this order. I direct accordingly. - 2 - It is made clear that I have not expressed any opinion in regard to the merit of the case of the party but the District Magistrate, while passing the order, shall bear in mind the observation of the Divisional Commissioner while remitting the matter back to it for reconsideration. Application stands disposed of with the observation aforesaid. BTiwary/ ( Chandramauli Kr. Prasad, ACJ )