IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6972 of 2006 ABHIMANYU OJHA, SON OF LATE MOKHTAR OJHA, A RESIDENT OF VILLAGE- ARORA, P.S.- UDWANTNAGAR, DISTRICT- BHOJPUR :---PETITIONER. Versus 1. THE STATE OF BIHAR, 2. THE DIVISIONAL COMMISSIONER, PATNA AT PATNA. 3. THE DISTRICT MAGISTRATE, BHOJPUR AT ARA. 4. THE SUPERINTENDENT OF POLICE, BHOJPUR AT ARA :--- RESPONDENTS ----------- 3. 11.04.2011. Heard learned counsel for the petitioner and the State who has not filed counter affidavit inspite of direction of this Court to file the same contained in order dated 23.01.2009. 2. Counsel for the petitioner has filed supplementary affidavit placing on record the order passed by the District Arms Magistrate, Bhojpur, Arrah bearing Memo No. 449 dated 28.08.1999, Annexure-3 series, whereunder he directed the petitioner to deposit the D.B.B.L. Gun-in-question in the light of the order of the District Magistrate, Bhojpur dated 23.08.1999 as also the receipt showing deposit of the said gun in compliance of the aforesaid order on 28.08.1999. Further with the supplementary affidavit petitioner has produced the extracts from his arms licence to indicate that while he remained posted as Senior Auditor, Finance Department at Hazaribagh the gun was produced for renewal of the arms licence before the District Arms Magistrate, Hazaribagh on 27.02.1992 and 09.08.1995. 3. Petitioner is aggrieved by the order dated 2 18.12.2000 passed in Misc. Case No. 167/91 by the District Magistrate, Bhojpur, Annexure-1, whereunder arms licence of the petitioner bearing no. 894/77 has been cancelled for his failure to deposit the gun in compliance of the instructions issued by the District Magistrate during the election period. He is also aggrieved by the order dated 21.06.2005 passed in Case No. 11/2001 by the Divisional Commissioner, Patna, whereunder aforesaid order dated 18.12.2000 has been affirmed. It is submitted on behalf of the petitioner that instruction of the District Magistrate, Bhojpur to deposit the gun during the election period was not complied with as at the relevant time petitioner was at Hazaribagh and notice issued by the District Magistrate, Bhojpur was not served on him. It is, however, submitted on behalf of the petitioner that no sooner petitioner learnt that for his failure to deposit the gun his licence has been cancelled, he appeared before the District Magistrate and offered to deposit the gun whereafter order dated 23.08.1999 was passed by the District Magistrate, Bhojpur directing the petitioner to deposit the gun in compliance whereto the gun was deposited on 28.08.1999 and such fact would appear from the receipt dated 28.08.1999 annexed along with the supplementary affidavit filed today. 4. It appears from perusal of the two 3 impugned orders that the authorities below have proceeded against the petitioner on the basis that he never deposited the gun in compliance of the orders of the authorities. In this connection it is submitted that while the petitioner had no knowledge about the direction to deposit the gun the same was not deposited but no sooner petitioner learnt about the order cancelling his arms licence he appeared before the District Magistrate, Bhojpur whereafter the District Magistrate passed order dated 23.08.1999 in compliance whereto the gun was deposited on 28.08.1999. 5. In view of the submissions noted above, I set aside the two impugned orders dated 18.12.2000, 21.06.2005, Annexures-1,2 with direction to the petitioner to appear before the District Magistrate, Bhojpur at Arrah who shall reconsider the matter in the light of the order dated 23.08.1999 asking the petitioner to deposit the gun which was complied with and the gun was deposited on 28.08.1999. In case petitioner has not misused the gun, his licence be restored. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)