ORDER :

A.ABHISHEK REDDY, J.

Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):-

“i. For issuance of writ or writs in the nature of Certiorari quashing the Order dated 13.06.2023 passed by Divisional Commissioner, Patna Division, Patna / Respondent No. 2, passed in Arms Appeal No. 32 of 2022, whereby the Respondent No. 2/ Divisional Commissioner, Patna Division, Patna, in a mechanical manner, without considering the facts and law and only on the ground that the Petitioner has no life threat, has passed the Impugned Order upholding the Order dated 24.12.2021, vide Memo No. 5750 passed by Respondent District Magistrate, Patna.

ii. Issuance of Writ or Writs in the nature of Certiorari quashing the Order dated 24.12.2021, vide Memo No. 5750, passed by Respondent No. 3/District Magistrate, Patna, passed in Arms Case No. 09441/2021 whereby in a mechanical manner, only on the ground that there is no threat to the life of the Petitioner, clearly ignoring the laws laid down by this Hon'ble Court.

iii. Issuance of Writ or Writs in the nature of mandamus commanding the Respondent No. 3/District Magistrate, Patna to consider the case of the Petitioner for grant of NPB Revolver / Pistol License afresh in accordance with the Law laid down in the Arms Act, 1959 and law laid down by this Hon'ble Court, and pass a reasonable Order in accordance with law.

iv. For issuance of such other order/orders as your Lordships deem fit and proper in the facts and circumstances of the case.”

3. It is the case of the petitioner that he is a businessman and as he is facing a threat to his life from the local goons, he has applied for issuance of the arms license for NPB Revolver/ Pistol. The said application was given the number as Arms Case No. 09-441/2021.

4. Learned counsel appearing on behalf of the petitioner submits that in the year 2016, the petitioner was attacked by some local goods and an FIR was also registered bearing Phulwarisharif PS Case No. 772 of 2016. However, the authority has rejected the application for arms license vide order dated 24.12.2021 bearing Memo No. 5750. The the petitioner aggrieved by the said rejection has preferred an appeal before the Divisional Commissioner, Patna. However, the appellate authority vide order dated 13.06.2023 has also rejected the appeal No. 32 of 2022 confirming the order passed by the District Magistrate. Learned counsel submits that the authority without considering the report of the SP/ SHO in a proper perspective perspective, has in a mechanical manner rejected the application for arms license and appeal filed by the petitioner was also rejected in similar manner. Learned counsel submits that the authority has rejected the application for arms license on the sole ground that the petitioner does not appear to have any threat to his life and has not mentioned the point of necessity nor any evidence was presented that there was a need to carry arms. A perusal of the impugned order will reveal that the authority on one hand has stated that the SHO Phulwarisharif Police Station has recommended for issuance of the arms license to the applicant but on the other hand he holds that no clear reasons has been given for the said recommendations by the SHO is contrary to the provisions of the Act and law laid down by this Hon’ble Court. Learned counsel prays this Hon’ble Court to set aside the impugned orders 21.12.2021 passed by the District Magistrate, Patna and the order dated 13.06.2023 passed by the Divisional Commissioner, Patna in appeal and remand the matter back to the District Magistrate for reconsidering the entire issue in a proper perspective and direct them to grant the arms license to the petitioner.

5. Learned counsel for the petitioner has relied on the following judgments of this Hon’ble Court and also the judgment of the High Court of Bombay in support of his case.

“(i) In the case of State of Bihar and Ors. Vs. Deepak Kumar reported in 2019 (2