Patna High Court
Nishant GauravversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the District Magistrate‑cum‑District Arms Magistrate to decide the petitioner’s arms licence application within eight weeks and communicate the order.
Summary
The petitioner, Nishant Gaurav, filed a writ petition seeking a direction to the State of Bihar and related officials to grant him a license for an NP bore rifle under the Arms Act. He had submitted an application on 24‑06‑2024 to the District Magistrate‑cum‑District Arms Magistrate, Nawada, but no decision had been taken. The State argued that the competent authority must adjudicate the application in accordance with law. The Court observed that the authority had failed to act and directed the District Magistrate to pass a final order on the licence application within eight weeks and to communicate the decision to the petitioner. Consequently, the writ petition was disposed.
Issues considered
- Whether the District Magistrate‑cum‑District Arms Magistrate is liable to pass a decision on the petitioner’s arms licence application within a reasonable time
- Whether the High Court can direct the authority to grant the licence or merely to decide the application
Legislation cited
Subjects
- Arms licence
- delay in administrative action
- writ petition
- District Magistrate
- Arms Act
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12574 of 2025
======================================================
Nishant Gaurav Son of Sanjay Kumar, Resident of Village- Hurrahi, P.O.-
Makhar, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Home
Department, Government of Bihar, Patna.
2. The District Magistrate- cum-District-Arms Magistrate, Nawada.
3. The Superintendent of Police, Nawada.
4. The Sub Divisional Superintendent of Police, Rajauli.
5. The Sub Divisional Officer, Rajauli.
6. The Officer-in-Charge, Akbarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Adv
For the Respondent/s : Mr. Manoj Kr. Singh, AC to Ex Govt Adv (09)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and
learned AC to Ex GA-09.
2. The writ application has been filed seeking a
direction commanding the respondents authorities to grant
license of NP Bore Rifle to the petitioner in terms of provisions
of Arms Act and to dispose of the application dated 24.06.2024
filed by the petitioner which is said to be pending before the
Respondent No.2/The District Magistrate-cum-District Arms
Magistrate, Nawada.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed
before the District Magistrate, Nawada, which is appended to
the writ application as Annexure-P/1. However, till date, no
action has been taken with regard to the grant of an arms
Patna High Court CWJC No.12574 of 2025(2) dt.15-04-2026
2/2
license. It is further submitted that, as per the provisions of the
Arms Act, a license may be granted for ensuring the safety of
life and property upon an application being made. Despite the
application having been filed on 24.06.2024, no decision has yet
been taken.
4. On the other hand, learned counsel for the State
submits that since the application has already been made in the
prescribed format, the competent authority is required to
adjudicate the same by passing an appropriate order in
accordance with law.
5. In view of the submissions made on behalf of the
parties, the District Magistrate, Nawada, is directed to take a
final decision on the petitioner’s application for grant of an arms
license within a period of eight weeks from today. The order so
passed shall also be communicated to the petitioner within the
said period.
6. With the aforesaid observations and directions, the
instant writ application stands disposed.
(Ajit Kumar, J)
perwez
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