Patna High Court
Anupdhar DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the District Magistrate must dispose of the pending arms license application of the petitioner expeditiously, preferably within two months, in accordance with the law.
Summary
Anupdhar Dubey, a farmer and elected Gram Panchayat representative, applied in 2021 for a rifle and pistol license under the Arms Rules, 2016. Despite completing the required training and submitting all documents, his application remained pending for over two and a half years. He filed a writ petition seeking a direction to the District Magistrate of West Champaran to grant the license expeditiously, citing government guidelines that mandate timely processing for elected representatives. The court noted the petitioner’s compliance, the pending status, and the State’s acknowledgment that the application was being processed. It directed the District Magistrate to dispose of the application in accordance with law within two months. The petition was consequently disposed with this directive.
Issues considered
- Whether the prolonged delay in processing the petitioner’s arms license application violates the procedural timelines prescribed under the Arms Rules, 2016 and related government guidelines.
- Whether the High Court can issue a mandatory direction to the District Magistrate to grant or reject the arms license within a specified time frame.
Legislation cited
Subjects
- Arms License
- Administrative Delay
- Writ Jurisdiction
- Public Representative
- Panchayati Raj
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15306 of 2025
======================================================
Anupdhar Dubey S/o-Shree Akhileshwardhar Dubey Resident of Village-
Sherahwa, P.O.-Murli, P.S.-Shikarpur, Block-Narkatiyaganj, District-West
Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Home Department, Government of Bihar,
Patna.
3. The Secretary, Panchayati Raj Department, Government of Bihar, Patna.
4. The Commissioner, Tirhut Division, Muzaffarpur, Bihar.
5. The Distirct Magistrate, West Champaran, Bettiah.
6. The Superintendent of Police, Bettiah, West Champaran.
7. The Station House Officer, Shikarpur Police Station, West Champaran,
Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manaur Alam
For the Respondent/s : Mr. Government Advocate (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 10-02-2026 1. The petitioner has filed the present writ application for a
direction upon the District Magistrate, West Champaran,
Bettiah, for grant of new arms license for a rifle and pistol
in his favour.
2. Learned counsel for the petitioner submits that the
petitioner is a farmer and public representative and was
elected as Ward Member of Sherahawa Gram Panchayat
on 16.06.2006 and he was also elected as Chairman,
Primary Agricultural Credit Society (PACS) as well as
Patna High Court CWJC No.15306 of 2025(2) dt.10-02-2026
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elected as Mukhiya of Sherahawa Gram Panchayat,
Narkatiaganj, West Champaran, in the year 2021.
3. The petitioner has completed training in the basic arms
and ammunition safety regulation and a training
certificate has been issued by the approved training centre
registered with the Government of India on 19.06.2024 a
copy of which has been annexed at Annexure-4 series.
4. Since the petitioner is a big farmer, politician and public
representative, as such, he has continuous threat of his
life. The Government under its Home Department has
issued guidelines on 24.06.2025 to all District Magistrates
and Senior Superintendents of Police/Superintendent of
Police that action on the application received for arms
license of elected public representatives of three-tier
Panchayati Raj institutions and Gram Kachhari should be
completed within the prescribed time limit as per the
Arms Rules, 2016.
5. The petitioner applied for arms license in the year 2021
with all requisite documents, but no steps for disposal of
his application has been taken for the last 2½ years. After
filing of the writ petition, recently, the counter affidavit
has been filed stating that the respondent-authorities are
Patna High Court CWJC No.15306 of 2025(2) dt.10-02-2026
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taking appropriate steps on application for grant of arms
license of the petitioner.
6. During course of arguments, learned counsel for the
petitioner produced a letter, dated 28.01.2026, issued by
the District Arms Magistrate, West Champaran, Bettiah,
requiring the petitioner to submit certain documents
including affidavit regarding his criminal antecedents. In
response to the aforesaid letter, the petitioner has already
submitted his affidavit and requisite documents on
06.02.2026.
7. Learned counsel for the State submits that District
Magistrate may be directed to dispose the application of
the petitioner for arms license in accordance with law
within a reasonable time frame.
8. Having heard learned counsel for the parties and
considering the nature of prayer made in the writ
application, the same is disposed with direction to the
District Magistrate, West Champaran, Bettiah, to dispose
the application for arms license of the petitioner in
accordance with law expeditiously, preferable within a
period of two months from today.
9. With the aforesaid observations and directions, this writ
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application is, accordingly, disposed.
(Anil Kumar Sinha, J)
ashwani/-
U
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