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Patna High Court

Sanjay Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/4




                                 (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
                                           3/4




          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
           Patna High Court CWJC No.10155 of 2025(2) dt.08-04-2026
                                                      4/4




                     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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