IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.424 of 2011 In (CIVIL WRIT JURISDICTION CASE 12909/2009) 1. Mohd. Masood Alam S/O Manjoor Alam R/O Village - Bhogaha, P.S. Champanagar, ( K.Nagar ), District – Purnea – Petitioner. Versus 1. The State Of Bihar 2. The Commissioner, Purnea Division, Purnea 3. The District Magistrate, Purnea 4. The District Arms Magistrate, Purnea 5. The Officer In Charge, K. Nagar Police Station Purnea - Respondents. 4 21.12.2011 Heard learned counsel for the petitioner and the State. The occasion to file the present review application was because of the observation of this court in its order, dated 19.9.2011 passed in CWJC No. 12909/2009 that the petitioner is seventy six years of age and as such the District Magistrate, Purnea requires to consider afresh the matter relating to rejecting the arms licence of the petitioner. After receipt of the order, counsel for the petitioner could realize that there was some mistake in recording the fact that the petitioner was seventy six years of age. The review petition is, therefore, allowed and the writ petition is being reheard. The petitioner has challenged the order, dated 17.5.2008 contained in Annexure 4 passed by the District Magistrate, Purnea and the order, dated 17.6.2009 passed in Arms Appeal No. 7/2008-09 passed by the Commissioner, Purnea Division. The District Magistrate, Purnea has cancelled the arms licence of the petitioner on the ground that he is accused in seven 2 cases. The petitioner had filed a show cause explaining that he has been made accused in three cases before the grant of the licence and he is being made accused because his wife is Mukhiya and there are many persons who are politically inimical towards the petitioner. It has further been stated that in all the cases in which the petitioner is accused, he has been acquitted. The stand taken by the petitioner was not taken into account by the District Magistrate and the District Magistrate without considering the show cause has cancelled the petitioner’s arms licence. The petitioner filed an appeal before the Commissioner, Purnea Division. The Commissioner in fact has taken into consideration two facts. Firstly, that certain cases were filed against the petitioner in 1996 and 1997 although his licence was granted in the year 2003. The Commissioner has also taken into account that certain cases were filed by family members opposed to the petitioner for which the petitioner had also filed counter cases and the rest of the cases were filed due to political enmity. However, after taking into account the aforesaid facts, the Commissioner has not taken into account the fact that the petitioner has been acquitted in all the cases and that he has not misused the arms licence in any of the cases filed against him. This court finds that the Commissioner has been influenced by the petitions filed by one Aghori Prasad Yadav and Md. Shakil alleging that the petitioner is accused in several cases and that he threatened people with his licenced gun. The petition filed on behalf of the aforesaid persons unsupported by any 3 material or cases or written complaint cannot form the basis of coming to the conclusion that the facts stated therein are true and, thus, be considered as a ground for cancelling the arms licence granted to the petitioner. The Commissioner has also referred to a case i.e. 138/2006 in which it is alleged that the petitioner has disturbed the official work in the office of the Block Development Officer. On behalf of the petitioner it is categorically stated that the petitioner has been acquitted in all the cases. Counsel for the petitioner submits that there is a decision of this court in the case of Kapildeo Singh vs. State of Bihar and others, 1987 PLJR 385 wherein it has been observed that merely institution of a criminal case is not sufficient for cancelling the arms licence, rather, the licensing authority must be satisfied that the holder of the licence has become unfit for grant of licence. In the facts aforesaid the orders impugned are quashed and the matter the remanded to the District Magistrate, Purnea to consider the judgments passed in various criminal cases and after he is satisfied that the petitioner is not a fit person to hold licence, he may proceed accordingly. I may clarify that mere allegation petition filed by one or the other person should not be a ground for cancellation of licence especially if it is not supported by necessary materials. The writ petition is, thus, disposed of with a direction to the petitioner to produce a copy of this order before the District Magistrate, Purnea who will consider the show cause of the 4 petitioner and the judgment passed in the cases in which the petitioner was made accused and thereafter pass speaking order. haque ( Sheema Ali Khan, J .)