JUDGMENT : 1. Heard learned counsels for the parties. 2. Since the present writ application was registered on 13.2.2018, but till date no counter affidavit has been filed, hence, this Court is not inclined to adjourn the matter any further. 3. The present writ application has been filed for a direction to the respondent authorities, particularly Respondent no.3, the District Magistrate, Kaimur to take a decision on the application of the petitioner dated 18.4.2017, as contained in Annexure 2, whereby prayer has been made for grant of licence for pistol/revolver. 4. It is submitted by learned counsel for the petitioner that the petitioner is a practicing lawyer of this Court and is a resident of Kaimur District, which is an extremist (Maoist Organization) affected area. Since the petitioner is having huge landed property, he submitted an application for grant of arms licence for pistol/revolver, as contained in Annexure 2, before the Respondent no. 3, the District Magistrate, Kaimur, for the safety and security of his life and property. Subsequently, the Superintendent of Police, Kaimur submitted a report in favour of the petitioner but till date the Respondent no.3, the District Magistrate, Kaimur has not taken a decision for grant of licence to the petitioner. Hence, the present writ application. 5. Learned A.C. to SC 8, however, submits that at present he is not having any instruction, but if the application of the petitioner has not been disposed of, the same will be disposed of within a time frame. 6. Having heard learned counsels for the parties, this Court is really dismayed to find that though the Arms Act, 1959 envisages statutory right to the citizens to have arms under a valid licence for personal safety and security, as also for the security of property, but the petitioner has been waiting for grant of licence for arm since last more than a year. 7. Section 13 of the Arms Act, 1959 (hereinafter referred to as the Act) stipulates the provision for grant of arms licence, on application being submitted along with the prescribed fee. On receipt of such application, the Licencing Authority has to call for a report from the Officer-in-Charge of nearest police station and the Officer-in-Charge has to transmit the report within a prescribed time period. Thereafter the Licencing Authority, after considering the police report, has either to grant licence, or refuse to grant licence. On receipt of such application, the Licencing Authority has to call for a report from the Officer-in-Charge of nearest police station and the Officer-in-Charge has to transmit the report within a prescribed time period. Thereafter the Licencing Authority, after considering the police report, has either to grant licence, or refuse to grant licence. However, where the officer in charge of the nearest police station does not send report on the application within the prescribed time, even then the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time. However, Section 13 of the Act does not prescribe any time limit for disposal of such application, nor does it prescribe the time limit for the police to transmit the report to Licencing Authority. 8. Rule 51 of Arms Rules, 1962 (hereinafter called the Rules 1962), though, deals with the procedure for submitting application for grant of arms licence but it basically deals with the format in which the application has to be made with regard to different kinds of arms for which the licence is sought for. Rule 51 also does not stipulate any time limit for taking decision for grant of arms licence. True it is that neither Section 13 of the Act nor Rule 51 of Rules 1962 prescribes any time limit for the licencing authority for disposal of such applications. However, this Court on several occasions has prescribed the time limit for disposal of such applications. In one of such cases, in the case of Dwivedy Surendra, Advocate Vs. The State of Bihar and Ors., 2007(3) PLJR 76 , this Court directed the Home Secretary, Government of Bihar to write a letter to the Inspector General of Police of all the Divisions with a copy to all the Superintendents of Police directing them to issue direction to the concerned police officers to send the verification report to the District Magistrate of the concerned district within a period of one month. In case of disobedience of the order, the court directed to take stern action against the concerned police officer. The Licencing Authorities were directed to hold court for the purpose and to dispose of 5538 pending applications for grant of arms licence including the applications filed by the heirs of the deceased licencee within two months and other applications which were awaiting police verification report, within a period of four months. The Licencing Authorities were directed to hold court for the purpose and to dispose of 5538 pending applications for grant of arms licence including the applications filed by the heirs of the deceased licencee within two months and other applications which were awaiting police verification report, within a period of four months. 9. Since the Licencing Authorities were absolutely insensitive in prompt and due disposal of application for grant of arms licence, hence, the Ministry of Home, Government of India had issued advisory/directive vide Letter No. 11016/16/2009 dated 31.3.2010 for quick disposal of such applications to all the District Magistrates/the Inspector Generals/the Regional Deputy Inspector Generals and the Superintendents of Police, but it appears from analyzing the facts of the case that such advisory/directive did not bear any result nor the same has had any impact on the Licencing Authority, particularly, the District Magistrate, Patna. 10. The Principal Secretary, Home, Government of Bihar vide Memo No. 10010 dated 4th of December, 2014 directed all the District Magistrates and Superintendent of Police in the State of Bihar on the basis of directives of Department of Home, Government of India, issued vide Letter No. 11016/16/2009 dated 31.3.2010 to send the application for grant of arms licence to the concerned Superintendent of Police immediately on receipt of police application. The concerned Superintendent of Police will transmit the report within 45 days to the concerned District Magistrate, whereupon the concerned District Magistrate will take final decision within 30 days of receipt of police report, meaning thereby that the whole exercise has to be completed within a period of 75 days. The Memo no. The concerned Superintendent of Police will transmit the report within 45 days to the concerned District Magistrate, whereupon the concerned District Magistrate will take final decision within 30 days of receipt of police report, meaning thereby that the whole exercise has to be completed within a period of 75 days. The Memo no. 7/Home 10010 dated 4th December 2014 reads as follows: i= la[;k&7@vuqŒ&10&27@2014] x`ŒvkŒ----------------------- fcgkj ljdkj x`g ¼vkj{kh½ foHkkx Ás"kd] vkfej lqcgkuh] ljdkj ds Á/kku lfpoA lsok esa] lHkh ftyk inkf/kdkjh] lHkh iqfyl v/kh{kd] fcgkjA iVuk] fnukad------------fnlEcj 2014 fo"k; & 'kL= vuqKfIr gsrq ÁkIr vkosnu i= dk lle; ,oa dkyc} fu"iknu ds laca/k esaA egk'k;] foHkkx esa ,slh lwpuk ÁkIr gks jgh gS fd cgqr lkjs vkosndksa }kjk 'kL= vuqKfIr gsrq fn;s x, vkosnu i= ftyksa esa yEch vof/k ls fcuk fu"iknu ds iM+s gq, gSa rFkk mudk dkyc} fu"iknu ugha fd;k tk jgk gSA bl laca/k esa x`g ea=ky;] Hkkjr ljdkj vkbZ,l&2 fMohflu@vkElZ lsD'ku] ubZ fnYyh ds i=kad 11016@16@2009 vkElZ fnukad 31-03-2010 ¼ftldh Áfr vkidks iwoZ esa gh Hksth xbZ gS½] dh dafMdk 2¼lh½ esa iqfyl inkf/kdkjh dks ÁkIr 'kL= vkosnu i=ksa dh tkap dj 45 fnuksa ds vUnj tkap Áfrosnu lefiZr djus dk funs'k gS rFkk fu/kkZfjr vof/k esa tkap Áfrosnu lefiZr ugha djus Ikj lacaf/kr iqfyl inkf/kdkjh ds fo:} dkjZokbZ djus dk Áko/kku gSa ftyk inkf/kdkjh dks bl tkap Áfrosnu ds vkyksd esa vkosnu i= dk fu;ekuqlkj lle; fu"iknu djuk gSA ,slk Árhr gksrk gS fd Ák;% bl funs'k dk vuqikyu ugha fd;k tk jgk gS rFkk vkosnu i=ksa dks fcuk fdlh dkj.k yafcr j[kk tkrk gSA QyLo:i vkosndksa dks dfBukbZ;ksa dk lkeuk djuk iM+rk gS rFkk os f'kdk;r djrs jgrs gSaA vr% lHkh ftyk inkf?kdkfj;ksa dks funs'k fn;k tkrk gS fd 'kL= vuqKfIr dk vkosnu i= ÁkIr gksus ds ckn rqjUr bls iqfyl v/kh{kd dks tkap gsrq Hkstk tk; tks 45 fnuksa ds vUnj tkapdj tkap Áfrosnu ftyk inkf/kdkjh dks miyC/k djk;sxsaA ftyk inkf/kdkjh iqfyl v/kh{kd dk Áfrosnu ÁkIr gksus ds 30 fnuksa ds vUnj vuqKfIr dh Lohd`fr ds laca/k esa fu;ekuqlkj fu.kZ; ysuk lqfuf'pr djsaxsaA vFkkZr] 'kL= vuqKfIr dk vkosnu ÁkIr gksus ds 75 fnuksa ds vUnj mldk fu"iknu fd;k tkuk lqfuf'pr fd;k tk; rFkk bl rjg ds yafcr vkosnu ds fu"iknu ds laca/k esa d`r dkjZokbZ ls foHkkx dks Hkh voxr djk;k tk;A fo'oklHkktu gLrk{kj@& ljdkj ds Á/kku lfpo Kkikad&7@vuqŒ&10&27@2012] x`ŒvkŒ&10010@fnukad 4 fnlacj 2014 Áfrfyfi & lHkh Áe.Myh; vk;qDr] fcgkj dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq Ásf"krA gLrk{kj@& ljdkj ds Á/kku lfpo 3-12-2014 11. The Arms Rules, 2016 (hereinafter referred to as Rules, 2016) now prescribes time limit for grant of licence as well as the submission of police report to licencing authority. 12. So far as Rule 14 of the Rules, 2016 is concerned, it prescribes the time limit for transmission of police report to Licencing Authority within a period of thirty days from the date of receipt of the application calling for report by Licencing Authority. 13. Sub Rule (2) of Rule 14 of the Arms Rules, 2016 stipulates that the Central Government may extend the period of thirty days for transmitting the police report up to ninety days, by issuance of general or specific order, for certain areas or States, for any appropriate reasons. 14. Sub Rule (3) of Rule 14 of the Arms Rules, 2016 further stipulates that in case of non-receipt of police report within such stipulated time period of thirty days or ninety days (whenever extended), the licensing authority may make an order in writing either for grant or for refusal of licence without waiting for such report. Rule 14 of the Arms Rules, 2016 reads as follows: "14. Time limit for police report for grant of licences.- (1) On receipt of an application for grant of a licence under sub-section (1) of section 13 or every subsequent renewal thereof under section 15, the licensing authority shall call for a report of the officer-in-charge of the nearest police station on that application, and such officer shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him. (2) The Central Government may by issuance of a general or special order, extend the period of thirty days as specified in sub-rule (1) up to ninety days for certain areas or States for any reason deemed appropriate by it. (3) The licensing authority may in case of non-receipt of police report within the period of thirty days under sub-rule (1) or within the extended period under sub-rule (2), make an order in writing for grant or refusal of licence, without further waiting for the report.” 15. (3) The licensing authority may in case of non-receipt of police report within the period of thirty days under sub-rule (1) or within the extended period under sub-rule (2), make an order in writing for grant or refusal of licence, without further waiting for the report.” 15. Rule 13 of the Rules, 2016 prescribes time limit for exercise of discretion by Licencing Authority for grant of licence, which specifically suggests that the Licencing Authority, on considering the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a licence by a speaking order, within a period of sixty days of the receipt of the police report. Rule 13 of Rules, 2016 reads as follows: “13. The time limit for grant of licence.-The licensing authority, after consideration the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a licence for permissible category of arms or ammunition satisfied in category III of Schedule I, to any person by recording in writing the reasons for such grant or refusal by passing a speaking order, within a period of sixty days of the receipt of the police report. Provided that the licensing authority shall specify, the type of arms and ammunition to be procured by the applicant after assessing the reason and the need for possession of the type of arms and ammunition applied for by the applicant, considering the lethality or fire-power.” 16. The specific case of the petitioner is that the police report was transmitted by the Respondent no. 5, Superintendent of Police, Kaimur making recommendation in favour of the petitioner. Under such circumstances, it is high time that the licencing authority’s deep slumber should break. 17. In the circumstances, respondent no.3, the District Magistrate, Kaimur at Bhabua is expected to dispose of the application of the petitioner, as contained in Annexure 2, for grant of arms licence positively within a period of eight weeks from the date of receipt/production of a copy of this order within the parameters of provisions of the Act and the Rules. 18. Accordingly, the present writ application is disposed of with the above observation/direction.