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Patna High Court

Rajesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Magistrate, Kaimur to take a final decision on the arms licence application within eight weeks and communicate the order to the petitioner.

Summary

The petitioner, Rajesh Kumar Singh, filed a writ petition seeking a direction to the State of Bihar and its officials to grant him an arms licence for a handgun, alleging that his application filed on 22‑08‑2024 with the District Magistrate, Kaimur, had not been acted upon. The petitioner argued that under the Arms Act a licence may be granted for safety of life and property and that the delay violated his right to a timely decision. The State contended that the application was in the prescribed format and that the competent authority was bound to adjudicate it according to law. 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 application was disposed with the direction for prompt adjudication.

Issues considered

  • Whether the District Magistrate is obligated to decide the petitioner’s arms licence application within a reasonable time under the Arms Act
  • Whether the court can direct the administrative authority to issue the licence or merely to decide the application

Legislation cited

Subjects

  • Arms licence
  • Writ petition
  • Administrative law
  • Delay in decision
  • District Magistrate
  • Civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.16878 of 2025
                 ======================================================
                 Rajesh Kumar Singh Son of Rameshwar Prasad Singh Resident of Village -
                 Babu Mohalla, (Kudra), Police Station- Kudra, District - Kaimur, (Bhabua).

                                                                           ... ... Petitioner/s
                                                  Versus

           1.    The State of Bihar through Principal Secretary, Department of Home, Bihar,
                 Patna.
           2.    The Commissioner, Patna Division, Patna.
           3.    The District Magistrate, Kaimur at Bhabua.
           4.    The Superintendent of Police, Kaimur at Bhabua.
           5.    The Arms Magistrate, Bhabua, Kaimur at Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Sanjay Kumar Tiwary, Advocate
                 For the Respondent/s   :     Mr. Standing Counsel (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-06-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The writ application has been filed seeking a

                   direction to the respondents to issue an arms license for a

                   handgun (DBBL Gun) in the name of the petitioner.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, Kaimur at Bhabhua, which is

                   appended to the writ application as Annexure-P/3 series.

                   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
           Patna High Court CWJC No.16878 of 2025(2) dt.15-06-2026
                                                      2/2




                     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

                     22.08.2024, 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, Kaimur at Bhabhua, 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.



                                                  (Ajit Kumar, J)
sharun/-

U


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