IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9213 of 2006 ====================================================== VIDYA PRAKASH SHARMA, SON OF LATE RAGHU NANDAN SHARMA, RESIDENT OF VILLAGE CHAINPUR, POLICE STATION MAJHI, DISTRICT SARAN. AT PRESENT, RESIDING AT MOHALLA ADARSH COLONY, SHYAM CHOWK, POLICE STATION BHAGWAN BAZAAR, DISTRICT SARAN .... .... Petitioner/s Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, SARAN DIVISION, CHAPRA 3. THE DISTRICT MAGISTRATE, SARAN, CHAPRA .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.Raza Ahmad Mr. Md.Anisul Haque Mr. Bijoy Kumar Sinha For the Respondent/s : Mr. (Sc6) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 25-11-2011 Heard Counsel for the petitioner and the State. The petitioner is aggrieved by the appellate order dated 10.03.2006 passed by the Commissioner, Saran Division, Chapra in Arms Appeal No. 102 of 2005-06 as well as the order dated 06.10.2005 passed by the District Magistrate, Saran, Chapra in Arms Case No. 4 of 003 by which the District Magistrate, Saran, Chapra has cancelled the petitioner’s Arms License No. 01 of 1979. The petitioner owned and possesses a D.B.B.L. Gun No. 19591-A/9. He was granted the license in the year 1979. At Patna High Court CWJC No.9213 of 2006 (4) dt.25-11-2011 2 / 3 2 that time, the petitioner was the Excise Commissioner. The petitioner retired in the year 2002 and began to live at his village home. In the year 2003, there was a fight between the petitioner and his brother, which led to the filing of two criminal cases, Bhagwan Bazar Police Station Case Nos. 22 and 23 of 2003. Ultimately, the brothers compromised and the matter was settled between them. In the said fight, the petitioner received injury by Kudal. The allegation against the petitioner was that he used the licensed gun and fired upon his brother. It may be mentioned here that the brother did not receive any injury. The informant, who was the full-brother of the petitioner, filed a complaint before the District Magistrate, Saran, Chapra, who proceeded on the complaint and cancelled the license of the petitioner on the ground that there was a criminal case pending against him. The Commissioner, Saran Division similarly upheld the order of the District Magistrate. The facts of this case reveal that the petitioner was a Government Servant and was not a petty criminal, nor did he has history of any case (criminal in nature) against him. It is also apparent that out of malice, the petitioner’s brother had filed an application for cancellation of his arms license. The petitioner now is about more than 70 years of age and in the Patna High Court CWJC No.9213 of 2006 (4) dt.25-11-2011 3 / 3 3 circumstances, this Court finds that there can be no justification for cancellation of his arms license on the basis of a malicious application filed by his brother. In the facts aforesaid, I set aside the order passed by the District Magistrate, Saran, Chapra dated 06.10.2003 passed in Arms Case No. 04 of 2003 (Annexure-7) and the appellate order passed by the Commissioner, Saran Division, Chapra in Arms Appeal No. 102 of 2005-06 (Annexure-8). I further direct that the District Magistrate, Saran, Chapra should renew the licence of the petitioner on an application filed by him along with a copy of this order within a period of six weeks from the date of filing of the application. This writ application is accordingly allowed. Prabhakar Anand/- (Sheema Ali Khan, J)