Babban Singh vs State Of Jharkhand And Others

Shree Chandrashekhar, J

This is an assigned matter by virtue of the order dated 16th February 2018 passed by Hon'ble the Acting Chief Justice on the administrative side.

The petitioner is seeking a direction upon the Deputy Commissioner cum District Arms Magistrate, Ranchi for an Arms Licence of pistol/revolver.

Mr. Saibal Mitra, the learned counsel for the petitioner submits that the application dated 10th May 2012 filed by the petitioner alongwith requisite fee and necessary documents has remained pending for more than one year and that is the reason the petitioner has to approach this Court.

In the counter-affidavit filed by the respondent no. 5, it is stated that the application dated 10th May 2012 filed by the petitioner has been rejected.

Paragraph nos. 5 to 7 of the counter-affidavit are extracted below:

“5. That with regard to the statement made in paragraph 01 of the writ petition, under reply, it is humbly stated and submitted that the petitioner had applied for grant of Arms License of Pistol/Revolver and a proposal for grant of license to him sent to Commissioner, South Chhotanagpur Division, Ranchi.

That with regard to the statement made in paragraph 01 of the writ petition, under reply, it is approval by the Deputy Commissioner, Ranchi but the learned Commissioner, South Chhotanagpur Division, Ranchi cum competent authority hence the State Respondent authority no. 04.

That with regard to the statement made in paragraph 01 of the writ petition, under reply, it has been pleased to reject the application for grant of an another arms license of Revolver/Pistol for protection of his life and properties as a NP Bore Rifle license has already been sanctioned to him for the same ground.”

The petitioner has filed I.A. No. 3929 of 2018 to challenge the order of rejection dated 16th March 2017.

In the writ petition seeking a direction upon the respondent no. 5 to pass an order for grant of pistol/revolver Licence, the order of rejection cannot be challenged by way of an amendment application.

To challenge the order of rejection dated 16th March 2017, the petitioner is required to plead different set of facts and raise altogether different grounds.

While so, I.A. No. 3929 of 2018 is rejected.

In view of the order dated 16th March 2017 passed by the Commissioner, South Chotanagpur Division, Ranchi, WP(C) No. 4411 of 2016 is dismissed.