IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13866 of 2006 DAYANAND PRASAD SINGH S/O RAM SWARATH SINGH, RESIDENT OF VILLAGE BEGUMPUR, P.O. & P.S. & DISTRICT NALANDA ….PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NALANDA, BIHAR SHARIF, NALANDA ……RESPONDENTS. ----------- For the Petitioner : Mr. R.K.P.Singh, Advocate Mr. Manish Kishore, Advocate For the Respondents : Mrs. P.R.Laxmi, A.C. to G.P.XIX. 2. 27.01.2009 Petitioner filed application for grant of arms licence. While it was pending for consideration, the District Magistrate by letter dated 5.11.2005 sought clarification on nine points. Petitioner sought time for furnishing information on those points. It is the assertion of the petitioner that though he had furnished information on the points sought for by the District Magistrate but on erroneous assumption that he had not furnished any information, it concluded that the petitioner has no interest in obtaining the licence and accordingly rejected the prayer for grant of licence. Further assertion of the petitioner is that he had furnished the information sought for by the District Magistrate in its communication dated 5.11.2005. Mr. R.K.P.Singh, appears on behalf of the petitioner. State is represented by A.C. to G.P.XIX. Although this writ application was served on the Counsel representing the respondents as back as on 7.11.2006, but till date no counter affidavit has been filed. In that view of the matter, I am of the opinion that the District Magistrate erred in rejecting the petitioner’s arms - 2 - licence on the ground that the petitioner has no interest in obtaining that. Order of the District Magistrate dated 3.10.2006 (Annexure 9) is, accordingly, quashed and the matter is remitted back to him for reconsideration in accordance with law. It is made clear that I have not expressed any opinion in regard to the entitlement of the petitioner to get the arms licence and that shall be decided by respondent no.2, the District Magistrate, Nalanda in accordance with law. In order to facilitate early decision petitioner along with a copy of this order shall annex the application furnished by him in response to the letter of the District Magistrate dated 5.11.2005. In the result, the application is allowed and the order of the District Magistrate dated 3.10.2006 (Annexure 9) is quashed with the direction aforesaid. (Chandramauli Kr. Prasad, ACJ.) Narendra/