IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.6061 of 2024 ----- Ajay Kumar Paplu, S/o Late Swarup Kumar, R/o H. No.125, Jaspur Road, Gumla, P.O. & P.S.-Gumla, District-Gumla. .......... Petitioner. -Versus- 1. State of Jharkhand 2. The Deputy Commissioner, Gumla. 3. District Arms Magistrate, Gumla. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Abhay Prakash, Advocate For the State : Mr. P.C. Sinha, AC to GA-III ----- Order No.03 Date: 23.01.2025 1. Learned counsel for the petitioner prays for and is allowed to correct the designation of the respondent no.2 as Deputy Commissioner, Gumla. He further prays and is allowed to implead District Arms Magistrate, Gumla as respondent no.3 in the present case. 2. The present writ petition has been filed for issuance of direction upon the respondent nos.2 & 3 to consider and decide the petitioner’s application dated 21st December, 2023 in view of Proviso to Section 5 of the Arms Act, 1959 read with Proviso to Rule 18 of the Arms Rules, 2016, which mandates the licensing authority to permit the armed licensee to sell his licensee weapon and to acquire a new weapon. 3. Learned counsel for the petitioner submits that the petitioner being a law-abiding citizen holds a valid arms licence bearing no.GML-16/2010 issued under the signature of respondent no.3 in the light of order of the respondent no.2 which has been renewed up to 31st December, 2025. Under the said arms licence, he possesses a DBBL gun bearing no.36974 the entry of which has also been made in National Database of Arms Licenses (NDAL) vide UIN No.163290001408002014. Since the said gun is presently not functioning well, the petitioner intends to sell the same and to purchase a new one i.e. NP Bore Revolver/Pistol. For the said purpose, the petitioner made an application before the respondent no.2 on 21st December, 2023 (Annexure-2 to the writ petition), however, no decision on the same was taken by the said respondent. He again represented the respondent no.2 on 27th March, 2024 and 27th September, 2024 and in both the applications, the receiving stamp of the office of the respondent no.2 was made, however, no decision has yet been taken by the respondent no.2 on the same which has compelled the petitioner to prefer the present writ petition. 4. Mr. P.C. Sinha, learned A.C. to G.A.-III, appearing on behalf of the respondents-State submits that if the petitioner prefers a fresh application in this regard before the respondent no.2, an appropriate decision in accordance with law will be taken by the said respondent within a time frame. 5. Having heard learned counsel for the parties and -2- W.P. (C) No.6061 of 2024 considering the nature of the prayer made in the writ petition, without entering into merit of the case, the petitioner is given liberty to prefer a fresh application on the present issue before the respondent no.2-Deputy Commissioner, Gumla. On receipt of the said representation, the respondent no.2 shall take an appropriate informed decision in accordance with law within four weeks from the date of filing of the application. 6. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Vikas/ -3- W.P. (C) No.6061 of 2024