The court emphasized that the rejection of the petitioner's application for increasing arms and ammunitions in the license was baseless and unsupported by evidence.

1. Heard learned Counsel for the petitioner and learned Counsel for the State.

2. This writ petition has been filed for quashing order dated 23/25.03.2004 (annexure-14) vide memo No. 3270 and also for quashing notice dated 23.03.2004 (Annexure-15) vide memo No. 3120, both issued under the signature of the Deputy Secretary, Department of Home (Police), Govt. of Bihar (respondent No. 3). By the impugned order, the authority concerned rejected the application of the petitioner firm for increasing the numbers of arms and ammunitions allowed to be kept by the petitioner firm in the licence already granted by the authorities, whereas, by the impugned notice, a show cause was called for from the petitioner as to why his licence for keeping and selling arms and ammunitions be not cancelled.

3. Learned Counsel for the petitioner submitted that as far back as in the year 1998, the petitioner applied for grant of arms trade licences in Form Nos. XI, XII, XIII and XIV of the Arms Rules, 1962 (hereinafter referred to as the Rules for the sake of brevity) before the authority concerned who subsequently allowed the said application on 12.4.2002 (Annexures 5 and 6) and granted licence under Form Nos. XI and XII of the Rules, but that was done only after the direction of this Court vide order dated 18.02.2002 (annexure-3) passed in CWJC No. 14875 of 2001. The said permissions were with respect to 50 N.P. Bore Rifles, 50 Revolvers/ Pistols and 50 Guns under Form XI, whereas it was for 30 Rifles, 10 Revolvers, 10 Pistols, 5,000 ammunitions for Rifle, 1,000 ammunitions for Revolver and 1000 ammunitions for Pistol under Form XII.

4. Learned Counsel for the petitioner further submitted that the numbers of the arms and ammunitions allowed in the licence granted to the petitioner was much below his requirement and was also below the recommendation of the District Magistrate, Motihari who was asked by the Deputy Secretary of the Department of Home (Police), Govt. of Bihar, vide letter No. 1842 dated 03.03.2001 (annexure-7) to inquire into the matter and submit his report, whereupon the District Magistrate submitted his report on 02.08.2001 (annexure-8) recommending licence for 100 Rifles, 50 Revolvers/Pistols and 200 Guns under Form XI and 100 Rifles, 50 Revolvers/ Pistols, 40,000 ammunitions for Rifles and 20,000 ammunitions for Revolvers/ Pistols, under Form XII, whereafter the Deputy Secretary, Department of Home (Police), Govt. of Bihar, informed the District Magistrate, East Champaran, about the aforesaid decision vide memo No. 4405 dated 13.04.2002 (annexure-9).

5. Learned Counsel for the petitioner also averred that in the said circumstances, he filed an application before the authority concerned on 71.10.2002 (annexure-10) to increase the numbers of arms and ammunitions in the licence as per the aforesaid, recommendation of the District Magistrate elated 02.08.2001 (annexure-8), although the petitioner had filed his application for licence in the year 1998 and has also filed an application on 09.03.2001 (annexure-11) for much more number of arms and ammunitions as required by the petitioner firm.

6. Learned Counsel for the petitioner also stated that when no heed was paid to the petitioners application dated 21.10.2002 (annexure-10), he had to again move before this Court vide CWJC No. 951 of 2003 which was disposed of by this Court on 04.08.2003 (annexure-12) asking the petitioner to file a fresh petition before the Home Commissioner, Govt. of Bihar, Patna, (respondent No. 2) within a period of four weeks from the date of the said order and if that is done, the said respondent No. 2 was directed to consider the grievance of the petitioner and dispose of his application by a reasoned order in accordance with law within a period of four months from the date of filing of such petition. In view of the said order of this Court, the petitioner filed a detailed application before respondent No. 2 on 01.09.2003 (annexure-13) along with a copy