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2025 DAILYLAW 8419 (JHR)

TARKESHWAR NATH JAISWAL v. STATE OF JHARKHAND REPRESENTED THROUGH SECRETARY, DEPT. OF HOME, JAIL AND DISASTER MANAGEMENT,

WPC/1954/2025 · 2025-06-11

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:15118 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1954 of 2025 Tarkeshwar Nath Jaiswal, S/o Shrikrishna Jaiswal, R/o 36A, Jai Prakash Colony, Near Mansa Mandir, Kitadih, P.O. Tatanagar, P.S. Parsudih, Kitadih, District- East Singhbhum, Jharkhand. .... .. ... Petitioner(s) Versus 1.State of Jharkhand represented through Secretary, Department of Home, Jail and Disaster Management, Project Bhawan, Dhurwa, Ranchi. 2.Deputy Commissioner- cum- District Magistrate- cum District Arms Magistrate, office of Deputy Commissioner, Jamshedpur, District- East Singhbhum, Jharkhand. 3.Senior Superintendent of Police, Jamshedpur, District- East Singhbhum. 4.Execute Magistrate, Dhalbhum, Sub-Divisional Office, Jamshedpur, District- East Singhbhum. .. ... ...Respondent(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner (s) : Mr. Parambir Singh Bajaj, Advocate For the State : Mr. Mohan Dubey, AC to AG …... 02/ 11.06.2025. Heard, learned counsel for the parties. 1. The Instant Writ Petition has been filed for direction to the Respondent No.2 to grant licence for selling and supplying of air guns below and above 0.177” bore as the application for the same is pending indefinitely before him. 2. As per the case of the petitioner, he is proprietor of one Tara Enterprises, a retail shop involved in the sale and supply of miscellaneous motor vehicle parts in Jamshedpur since the year 2019. 3. Petitioner applied for license for the sale and purchase of air guns with the Deputy Commissioner on 25.07.2023 in the following manner :- i. Under Form VIII for keeping and sale of 22 Bore guns; ii. Under Form IX/ IX-A for the purpose of accredited gunsmiths. iii. Under Form-VIII-A for air guns of 0.177” bore or 0.22 calibre slag; iv. Under Form X for import, export, re-import, re-export; v. Under Form XII and XIV for transport and transporter’s licence respectively. vi. Under Form XV for firearm free zone. 4. However, the application for license has not been disposed of till date. 5. It is further case of the petitioner that on 29.01.2025, 19 toy air guns with bore 0.177” as well as accessories were seized by the respondent No.2 regarding which Sakchi P.S. Case No. 16 of 2025 2025:JHHC:15118 2 was registered under Section 25(1-A) and Section 30 of the Arms Act, 1959 and 84 of the Arms Rule, 2016. 6. Learned counsel for the petitioner confines his argument with regard to non-disposal of the application of license filed by the petitioner way back in the Year, 2023 as the pending criminal case cannot be subject matter for adjudication in the instant writ petition. 7. Learned counsel for the State has filed counter affidavit in this case and submitted that without any proper license, arms are being sold for which the Police case was registered. 8. So far as the criminal case is concerned, it is not under challenge and, therefore, this court will not enter into the merit of the seizure and violation of the Arms Act. The only point for consideration is that the inordinate delay in disposal of the application for license filed way back in 2023 which had to be disposed of within the stipulated time as per the Arms Rule 2016. 9. The Deputy Commissioner, Jamshedpur, District- East Singhbhum [Respondent No.2] is accordingly, directed to dispose of the application dated 25.07.2023 within sixty days from the date of receipt/ production of a copy of this order. 10. So far as criminal case is concerned, petitioner is at liberty to pursue the same before the appropriate forum. Writ petition is accordingly disposed of. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Sandeep/ [W. P. (C) No. 1954 of 2025]