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Patna High Court

Dhrup Deo PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Magistrate‑cum‑District Arms Magistrate to decide the renewal application within eight weeks, effectively granting the writ of mandamus.

Summary

The petitioner, Dhrup Deo Pandey, filed a writ petition seeking a mandamus directing the District Magistrate‑cum‑District Arms Magistrate of Siwan to renew his arms licence (S.B.B.L. No.206 of 2000) which was due to expire on 31‑12‑2023. He had submitted the renewal application with the requisite fee on 01‑11‑2023 but no decision had been taken. The petitioner argued that the Arms Act obliges the authority to act on a timely application to ensure safety of life and property. The State contended that the application was in the prescribed form and the authority must adjudicate it according to law. The Court held that the authority must pass a final order on the renewal within eight weeks and communicate the same to the petitioner, thereby disposing of the writ petition.

Issues considered

  • What is the duty of the District Magistrate‑cum‑District Arms Magistrate to decide an application for renewal of an arms licence within a reasonable time?
  • Whether a writ of mandamus can be issued to compel the renewal of the arms licence under the Arms Act.

Legislation cited

Subjects

  • arms licence renewal
  • mandamus
  • writ jurisdiction
  • District Magistrate
  • Arms Act
  • safety of life and property

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13100 of 2025
                 ======================================================
                 Dhrup Deo Pandey son of Anirudh Pandey, resident of village Nepura, P.S.
                 Darauli, District Siwan.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Home Department, Government of Bihar,
                 Patna.
           3.    The Divisional Commissioner, Saran Division, Chapra
           4.    The District Magistrate -cum- District Arms Magistrate, Siwan, District
                 Siwan.
           5.    The Superintendent of Police, Siwan, District - Siwan.
           6.    The Station Head Officer, Darauli Police Station, District - Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pankaj Kumar Singh
                 For the Respondent/s     :        Mr.Government Pleader (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   22-06-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The writ application has been filed for the

                   following reliefs:-

                                              “1. (i) For issuance of an appropriate
                                   writ       in   the   nature     of   MANDAMUS,
                                   commanding and directing the Respondent
                                   Authorities, particularly the Respondent no.4
                                   for renewal of petitioner's arms license of
                                   S.B.B.L. gun bearing License No.206 of 2000
                                   which was granted to him by the Licensing
                                   Authority, the Respondent no.4 for safety of
Patna High Court CWJC No.13100 of 2025(2) dt.22-06-2026
                                           2/3




                          life and property of the petitioner on the
                          ground that before expiry of validity of license
                          period i.e. 31.12.2023, the petitioner had
                          already        submitted        his    application      in
                          prescribed form for renewal with challan of
                          Rs.2500/- and other relevant documents on
                          01.11.2023 itself and the petitioner has never
                          misused his arms license since the date of its
                          issuance.
                                  (II)    For    issuance        of     any    other
                          appropriate       writ     /      writs,    order/orders
                          direction/directions        for       which    the    writ
                          petitioner would be entitled under the facts
                          and circumstances of the case.”
                      3. Learned counsel for the petitioner fairly submits

          that an application for renewal of arms license in the prescribed

          format with challan of Rs. 2,500/- has already been filed by the

          petitioner before the District Magistrate-cum- District Arms

          Magistrate, Siwan, which is appended to the writ application as

          Annexure-4. However, till date, no action has been taken with

          regard to the renewal of the arms license. It is next submitted

          that, as per the provisions of the Arms Act, a license may be

          renewed for ensuring the safety of life and property upon an

          application being made. Despite the application having been

          filed on 01.11.2023, no decision has yet been taken.

                      4. On the other hand, learned counsel for the State
          Patna High Court CWJC No.13100 of 2025(2) dt.22-06-2026
                                                     3/3




                    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-cum- District Arms Magistrate,

                    Siwan (Respondent No.4), is directed to take a final decision on

                    the petitioner’s application for renewal of the arms license

                    within a period of eight weeks from today. The order so passed

                    shall also be communicated to the petitioner forthwith.

                                6. With the aforesaid observations and directions, the

                    instant writ application stands disposed.



                                                                     (Ajit Kumar, J)
rishi/-

U


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