Patna High Court
Amrit Raj Ranjan @ Amrit RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The court held that while there was no infirmity in the earlier orders denying a fresh licence, the petitioner could be granted relief by directing the authority to consider his application for transfer of his father's existing arms licence.
Summary
The petitioner, Amrit Raj Ranjan, applied for an arms licence which was rejected by the District Magistrate, Khagaria, on the ground that he posed no threat, and the decision was affirmed by the Divisional Commissioner, Munger. He filed a writ petition seeking certiorari to quash both orders and mandamus directing the issuance of a fresh licence. The High Court examined whether the rejections complied with the Arms Act, 1959, particularly Sections 13(3)(b) and 14(1)(b)II and the relevant rules. The Court found that the petitioner had not shown any reasonable cause for a new licence and that there was no infirmity in the earlier orders. However, the petitioner proposed to seek transfer of the licence already held by his father, who is over 65 years old, a suggestion made by the District Magistrate. The Court therefore disposed of the writ application, directing the authorities to consider the transfer application within four weeks.
Issues considered
- Whether the rejection of the arms licence application by the District Magistrate and its affirmation by the Divisional Commissioner are in accordance with the provisions of the Arms Act, 1959.
Legislation cited
- Arms Act, 1959 — s. 13(3)(b), 14(1)(b)II
- Arms Rules — s. 12(3)(a)
Subjects
- Arms licence
- Threat perception
- Certiorari
- Mandamus
- Transfer of licence
- Arms Act, 1959
- Writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1598 of 2025
======================================================
Amrit Raj Ranjan @ Amrit Ranjan son of Mritunjay Prasad Singh, resident of
village P.S. Gogari, District - Khagaria Fulwaria
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Government of Bihar, Patna
2. The Divisional Commissioner, Munger
3. The District Magistrate, Khagaria
4. The Superintendent of Police, Khagaria
5. The Sub-divisional Officer, Gogari, District - Khagaria
6. The Circle Officer, Gogari, District - Khagaria
7. The Officer-in-Charge, Gogari Police Station, District - Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh,Adv.
For the State : Mr. Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Mr. Ranjit Singh, learned Advocate for the
petitioner and learned standing counsel no. 15 for respondent
State.
2. The petitioner in present writ application has
prayed for the following relief/reliefs -
(i) For issuance of any appropriate writ or writs, rule or
direction especially in the nature of certiorari, quashing the order dated
16.09.2023 passed by the learned District Magistrate, Khagaria, passed
in District - Khagaria, Arms Record No. 31/2023 whereby and where
under application filed before the District Magistrate, Khagaria for
issuance of Arms License has been rejected only on the ground that
petitioner has no any threat perception.
(ii) For issuance of any appropriate writ of writs, rule or
direction especially in the nature of certiorari quashing the order dated
31.07.2024 passed by the learned Divisional Commissioner, Munger
passed in Arms Appeal No. 156/2023 whereby and where under Appeal
filed against the order dated 19.09.2023 passed in Arms Record No.
Patna High Court CWJC No.1598 of 2025(2) dt.06-07-2026
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31/2023 passed by the learned District Magistrate, Khagaria has been
rejected only on the ground that petitioner has no any threat perception
and order of the District Magistrate, Khagaria has been affirmed.
(iii) For issuance of any appropriate writ or writs, rule or
direction especially in the nature of mandamus commanding and
directing the respondent no. 3 District Magistrate, Khagaria to issue
Arms License to the petitioner as he is sole entitled to get arms license
for safety of his life and property.
(iv) For issuance of any appropriate writ or writs, rule or
direction as this Hon'ble court may found fit and proper to the facts and
circumstances of the case as well as for which the petitioner may be
found entitled there too.
3. The sole point for the consideration by this Court is
that whether the impugned orders dated 19.09.2023/31.07.2024
are in accordance with the provisions of the Arms Act, 1959 or
not?
4. The petitioner has earlier moved before this
Hon’ble Court in CWJC no. 4403 of 2021. The Hon’ble Court,
vide order dated 29.09.2022 has directed the District Magistrate,
Khagaria to dispose of the pending application for grant of Arms
license within a period of 12 weeks from production/receipt of a
copy of this order. The learned District Magistrate, Khagaria in
compliance of order dated 29.09.2022 has passed detailed order
on 19.09.2022 and has rejected the application filed by the
petitioner.
5. Aggrieved by the order dated 19.09.2023 passed by
the District Magistrate, Khagaria, the petitioner has preferred an
appeal before the learned Court of Divisional Commissioner,
Munger being Arms Appeal No. 156 of 2023. The learned
appellate Court vide order dated 31.07.2024, after hearing the
Patna High Court CWJC No.1598 of 2025(2) dt.06-07-2026
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parties, has taken into consideration the provision of Section
13(3)(b), Section 14(1)(b)II and Rule 12(3)(a) and has taken
into account the fact that there is no threat perception to the
petitioner so as to grant him a license. Aggrieved by the order
passed by the learned appellate authority, the petitioner has
preferred the present writ application.
6. The writ application is contested by the State
Government. This Court finds that the petitioner fails to adduce
any reasonable cause for grant of Arms license and there is no
infirmity in the order passed by the District Magistrate,
Khagaria as well as by the learned Court of Divisional
Comissioner, Munger.
7. At this juncture, a submission was advanced by the
learned counsel for the petitioner to the extent that before the
District Magistrate that a suggestion was made to him that he
may make an application for transfer of Arms license, issued in
favour of father of petitioner who has crossed the age of 65
years but has refused. At present, he is willing and ready to
make an application before the District Magistrate, Khagaria for
transfer of Arms license, issued in favour of his father. Since the
suggestion is by the learned District Magistrate to him in the
proceeding, therefore, the State has no objection.
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8. Upon consideration of the subsequent submission,
this Court finds that if it is accepted then grievance of petitioner
will be redressed. Accordingly, the present writ application is
disposed of with direction to concerned authority to consider the
application of the petitioner for transfer of Arms license issued
earlier in favour of his father in terms suggestion advanced to
him by respondent no. 3 in शस अभभिललेख ससंख्यया 31/2023 within a
period of four weeks from the date of receipt of application in
accordance with law.
(Vikash Kumar, J)
Ashwin/-
U
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