Patna High Court
Dhrup Deo PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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/-
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