Patna High Court
Pratap RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate, Nawada, is directed to decide the petitioner’s arms licence application within eight weeks and communicate the order.
Summary
Petitioner Pratap Ranjan filed a writ petition seeking a direction to the State authorities to grant him a license for an NP bore rifle under the Arms Act, alleging that his applications filed on 05-04-2018, 28-03-2023 and a fresh application on 24-06-2024 before the District Magistrate, Nawada, remain pending without any decision. The petitioner contended that the Arms Act permits issuance of a license for safety of life and property and that the authority’s inaction violates statutory duty. The State argued that the application was in the prescribed format and the competent authority is bound to adjudicate it. The Court held that the District Magistrate must pass a final order on the licence application within eight weeks and communicate the decision to the petitioner. Accordingly, the writ petition was disposed with the direction to the licensing authority.
Issues considered
- What duty does the District Magistrate have under the Arms Act to decide a licence application within a reasonable time?
- Whether the petitioner is entitled to a writ directing the issuance of the licence or a decision thereon.
Legislation cited
Subjects
- Arms licence
- Arms Act
- Administrative delay
- Writ jurisdiction
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14995 of 2025
======================================================
Pratap Ranjan S/o Late Ambika Prasad Singh, Resident of Mohalla- New
area, Hanuman Nagar, Near S.K.M. College, P.S.- Town Thana Nawada,
District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar.
2. District Magistrate, Nawada.
3. Divisional Commissioner, Magadh Division, Gaya.
4. District Arms Magistrate, Nawada.
5. Additional District Magistrate (Arms), Nawada.
6. Superintendent of Police, Nawada.
7. S.H.O Town Police Station, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shweta Pandey
For the Respondent/s : Mr.Government Pleader (2)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
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 05.04.2018
and subsequent application dated 28.03.2023 filed by the
petitioner which is said to be pending before the Respondent
No.2, the District Magistrate, Nawada.
3. Learned counsel for the petitioner submits that an
Patna High Court CWJC No.14995 of 2025(3) dt.11-05-2026
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application in the prescribed format has already been filed
before the District Magistrate, Nawada, which is appended to
the writ application. However, till date, no action has been taken
with regard to the grant of an arms 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.
Patna High Court CWJC No.14995 of 2025(3) dt.11-05-2026
3/3
7. Petitioner is also at liberty to apprise the licensing
authority with regard to judicial pronouncement made on the
subject in issue which shall be considered by the licencing
authority before passing any order.
(Ajit Kumar, J)
sanjeev/-
U
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