Patna High Court
Sanjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court set aside the District Magistrate's order but declined to grant mandamus, directing a fresh application and reconsideration of the licence.
Summary
The petitioner, Sanjay Kumar Singh, challenged a decision dated 02.04.2025 by the District Magistrate of Saharsa that denied him an arms licence on the ground that he lacked a training certificate. He sought a writ of mandamus to quash the denial and to compel the authorities to grant the licence, citing threat perception reports and a Home Ministry notification under the Arms Act. The court observed that the denial was made in the absence of the required training certificate, which the petitioner has since obtained. While the court set aside the impugned order, it declined to issue mandamus, directing the petitioner to file fresh applications with the requisite documents for fresh consideration. The District Magistrate was instructed to reconsider the applications within two months, and the writ petition was disposed of.
Issues considered
- Whether the District Magistrate's order denying an arms licence for lack of a training certificate can be quashed.
- Whether a writ of mandamus can be issued directing the grant of an arms licence in view of threat perception reports and a Home Ministry notification under the Arms Act.
- Whether the petitioner is entitled to a fresh hearing after submitting the required training certificates.
Legislation cited
Subjects
- arms licence
- mandamus
- writ petition
- District Magistrate
- training certificate
- threat perception report
- Home Ministry notification
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10155 of 2025
======================================================
Sanjay Kumar Singh Son of Late Kapleshwar Prasad Singh Resident of
Mohalla- Shardanagar, Ward no.-27, Police Station- Saharsa, District-
Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary (Home), Govt. of Bihar,
Patna.
2. The Inspector General of Police (Security)-Cum-Chairman, Special Security
Committee, Bihar, Patna.
3. The Deputy Inspector General, Special Security Committee, Bihar.
4. The District Magistrate, Saharsa.
5. The Superintendent of Police, Saharsa
6. The District Arms Magistrate, Saharsa.
7. The S.H.O., Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samir Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (3)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-04-2026 Learned counsel for the respondent Nos. 4 to 6 have
filed counter affidavit during the course of the day and is kept
on record.
2. The present petition has been preferred for the
following relief(s):-
(i) For issuance of writ in the nature of
mandamus or any other appropriate writ
/order/direction for quashing the order dated
02.04.2025 passed by the office of the District
Magistrate, Saharsa in which permission for grant
of giving the license for keeping the arms has been
denied to the petitioner without any sufficient
reasons
Patna High Court CWJC No.10155 of 2025(2) dt.08-04-2026
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(ii) For issuance of writ in the nature of
mandamus or any other appropriate
writ/order/direction commanding upon the
respondent authorities to grant the arms license to
the petitioner considering danger to his life and
property as mentioned in the threat perception
reports and in light of the notification issued by the
Ministry of Home Affairs in this regard in
accordance with the Arms Act
(iii) For issuance of any other appropriate
writ/order/direction which your Lordships may
deem fit and proper in the facts and circumstances
of the case.
3. Learned counsel for the petitioner submits that
merely because the petitioners did not have the training
certificates at the time when such requirement was placed before
these petitioners for obtaining grant of Arms license, the
application for grant of Arms License in respect of these
petitioners has been rejected vide Memo No. 328 dated
02.04.2025 (Annexure-P/5), on the ground that they do not have
a training certificate.
4. Now, since requisite training certificates have been
obtained, which are appended with Annexure P/7 of the writ
petition, as such, for ends of justice, the order passed by the
District Magistrate, Saharsa, vide Memo No. 328 dated
02.04.2025 (Annexure-P/5) rejecting the claim of Arms License,
deserves to be interfered with, which admittedly, has been
Patna High Court CWJC No.10155 of 2025(2) dt.08-04-2026
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passed in absence of such certificate, is therefore, set aside.
5. Accordingly, the District Magistrate, Saharsa, is
directed to consider the applications, which would be filed by
these petitioners on its own merit, without being influenced by
the earlier order, for grant/transfer of license along with the
training certificates, which is said to have been obtained by them
after the impugned decision is said to have been passed by the
licensing authority.
6. The petitioner is, accordingly, directed to file their
fresh representations separately/individually before the District
Magistrate, Saharsa, for grant of license appending the material
documents required for its adjudication withing a period of four
weeks from today.
7. On representation being filed by the petitioners
individually, along with the material documents like training
certificates and a copy of this order, and it is expected that the
District Magistrate, Saharsa, shall reconsider the matter afresh
within a period of two months from the date of filing of the
representation, in accordance with law.
8. If there is no change in the application filed in the said
circumstances, the original application shall be proceeded along
with the required materials for its adjudication and in the event of
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case of change in format, the petitioner may be subjected to file
his fresh application, in the prescribed format. Needless to say
that, if required, a police report may also be obtained.
9. The writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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