IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16633 of 2009 1. MAHENDRA PRATAP SINGH S/O LATE KALPANATH SINGH R/O VILL.- GHATAON, P.S.- KUDRA AND DISTT.- KAIMUR (BHABHUA) Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE null DISTT.- KAIMUR (BHABHUA) 2. COMMISSIONER PATNA DIVISION 3. DISTRICT MAGISTRATE null DISTRICT - KAIMUR (BHABHUA) 4. SUPERINTENDENT OF POLICE null KAIMUR (BHABHUA) 5. OFFICER IN CHARGE P.S.- KUDRA, DISTT.- KAIMUR (BHABHUA) ----------- 2. 6.12.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 30.7.2007, passed by the District Magistrate, Kaimur at Bhabhua refusing to grant an Arms licence. His appeal preferred against the same has been dismissed by the Commissioner on 3.10.2009 on grounds of delay. Counsel for the petitioner submits that the order of the District Magistrate is beyond the limitations of his statutory powers under Section 14 of the Arms Act for refusal of an Arms licence. The Appellate order does not act in the best interest of justice by refusing to condone the delay of three months only. This Court is not satisfied that the appellate authority acted in the best interest of justice by refusing to condone the delay of three months only in 2 the nature and facts and circumstances of the case when the petitioner was essentially seeking an Arms licence to enable him to continue with the licenced weapon possessed by his now deceased father. Remanding the matter to the appellate authority shall serve no purpose as the Court is satisfied that the impugned order dated 30.7.2007 of the District Magistrate is contrary to Section 14 of the Arms Act. The impugned order of the District Magistrate seeks to find fault with the Superintendent of Police but visits the petitioner with punishment. The impugned orders dated 30.7.2007 and 3.10.2009 are set aside. The matter is remanded to the District Magistrate, Kaimur at Bhabhua to dispose off the petitioner’s Arms licence in accordance with law within a maximum period of one month from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)