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Patna High Court

Anupdhar DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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
            Patna High Court CWJC No.15306 of 2025(2) dt.10-02-2026
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                              application is, accordingly, disposed.



                                              (Anil Kumar Sinha, J)
ashwani/-

U


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