IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6289 of 2010 1. Awadh Bihari Sharma S/O Late Palak Nath Singh R/O Vill.- Baghakol, P.O. Podut, P.S. Bikram, Distt.- Patna Versus 1. The State Of Bihar 2. Collector, Patna 3. Senior Superintendent Of Police, Patna 4. Sub-Divisional Magistrate Bikram, Patna 5. Sub-Divisional Police Officer Bikram, Patna 6. Officer-In-Charge, Bikram, Police Station, Patna ------------------------ 3 22.09.2011 Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Mr. Manoj Priyadarshi, learned S.C. 17 for the State. The petitioner came before this Court with the grievance that despite filing an application under the provisions of the Arms Act, 1959 (hereinafter referred to as the “Act”) and the rules framed thereunder, as back as in the year 2003 and having been duly recommended by the statutory authorities being the Senior Superintendent of Police, Patna, the Sub-Divisional Magistrate, Bikram, Patna and the Officer-in-charge, Bikram Police Station, Patna, the matter has remained pending for final disposal at the level of the Licensing Authority being the District Magistrate, Patna. The writ petition was filed on 08.04.2010 and was taken up for consideration on 26.08.2011 when learned State counsel prayed for time to seek instructions as to the grievance raised by the petitioner. Pursuant thereto a counter affidavit has been filed today during the course of proceedings enclosing the order bearing Memo 2 No.1280 dated 22.06.2011 passed by the District Magistrate-cum- Collector, Patna whereby the application of the petitioner for grant of licence in respect of DBBL gun submitted as back as in the year 2003, has been rejected after 8 years in absence of a police report from the Senior Superintendent of Police, Patna. Another ground that has been taken is that there is no perceived threat to the petitioner requiring an Arms Licence. As the order dated 22.06.2011 rejecting the application of the petitioner for grant of licence is an appealable order under the provisions of Section 18 of the Act, this Court without going into the merits of the rival contentions disposes of the writ petition with a liberty to the petitioner to challenge the order dated 22.06.2011 passed by the District Magistrate, Patna placed at Annexure-A of the counter affidavit by filing a statutory appeal as provided under Section 18 of the Arms Act, 1959. Considering the fact that the order of rejection has been passed while the matter has remained pending before this Court, any such appeal filed by the petitioner together with an application for condonation of delay, within 30 days from the date of receipt of a copy of this order, would be treated an appeal filed within the period of limitation, prescribed under the Act. Bibhash (Jyoti Saran, J.)