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Patna High Court

Sitaram KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court set aside the District Magistrate's order and directed the petitioners to re‑apply with the required training certificates, disposing of the writ petition.

Summary

Petitioners Sitaram Kumar and Satyendra Kumar sought a writ of certiorari to quash the District Magistrate's order dated 16‑12‑2024 rejecting their application for an arms licence on the ground that they lacked training certificates at the time of filing. They argued that the certificates have since been obtained and the rejection was therefore illegal. The Court held that the Magistrate had acted without the requisite documentary evidence and that the order could be set aside. Accordingly, the petitioners were directed to file fresh individual applications for the licence together with the training certificates within four weeks, and the Magistrate was instructed to reconsider the matter within two months. The writ petition was disposed of.

Issues considered

  • Whether the District Magistrate's order rejecting the arms licence application for lack of training certificates is liable to be quashed.
  • Whether a writ of mandamus can be issued directing the issuance of an arms licence after the requisite certificates are produced.

Subjects

  • Arms licence
  • Training certificate
  • Writ of certiorari
  • Writ of mandamus
  • District Magistrate
  • High Court
  • Petition
  • Re‑application

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17087 of 2025
                 ======================================================
           1.     Sitaram Kumar son of Late Ram Naresh Prasad Singh, Resident of Village-
                  Dhiber, P.S. N.T.P.C. Barh, District- Patna.
           2.    Satyendra Kumar, son of Late Ram Naresh Prasad Singh, Resident of
                 Village- Dhiber, P.S. N.T.P.C. Barh, District- Patna.
                                                                       ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    The Commissioner, Patna Division, Patna.
           3.    The District Magistrate, Patna.
           4.    The District Arms Officer, Patna.
           5.    The Sr. Superintendent of Police, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Sahvind Kumar Sharma, Adv.
                 For the Respondent/s   :          Standing Counsel (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the Respondent State.

                               2. The present petition has been preferred for the

                   following relief(s):-

                                                        “i. For issuance of an appropriate
                                            writ(s), order(s), direction (s) in the nature
                                            of writ of certiorari for quashing the order
                                            passed by the respondent District Magistrate
                                            Patna vide his Memorandum 2718 date
                                            16/12/2024 (as contained in Annexure-5 to
                                            this    writ    application)     whereby    and
                                            whereunder        the    respondent    District
                                            Magistrate has rejected the grievances of the
                                            petitioner (as contained in Annexure-5.)
                                                        ii. For issuance of an appropriate
                                            writ(s), order(s), direction(s) in the nature of
                                            writ of Mandamus or direction to the
                                            respondent to allow the petitioner to issue
Patna High Court CWJC No.17087 of 2025(2) dt.08-04-2026
                                           2/3




                                  licence of Arms of 12 Bore DBBL Gun and
                                  65 Bore M.P. Bore Rig to the petitioner for
                                  projection of their lives and properties.
                                  Which have been already possessed the
                                  petitioner's father Late Ram Naresh Singh.
                                              iii. For any other relief or reliefs
                                  for which the petitioners are termed to be
                                  entitled in the facts and circumstances of the
                                  case.
                      3. Learned counsel for the petitioner submits that

          merely because the petitioners did not have the training

          certificates at the time when such requirement was placed

          before these petitioners for obtaining grant/transfer of Arms

          license, the application for grant of Arms License in respect of

          the petitioners has been rejected vide Memo No. 2718 dated

          16.12.2024 (Annexure-5).

                      4. Now, since such training certificates are available,

          which are appended with Annexure 6/1 and 6/2 of the writ

          petition, the order passed by the District Magistrate, Patna, vide

          Memo No. 2718 dated 16.12.2024 (Annexure-5) rejecting the

          claim of Arms License, which admittedly, has been passed in

          absence of such certificate, is therefore, set aside.

                      5.    Accordingly, the District Magistrate, Patna is

          directed to consider the applications, which would be filed by

          these petitioners separately for grant/transfer of license along
             Patna High Court CWJC No.17087 of 2025(2) dt.08-04-2026
                                                        3/3




                       with the training certificates, which is said to have been

                       obtained by them after the impugned decision is said to have

                       been passed by the Respondent concerned.

                                   6. The petitioners are, accordingly, directed to file

                       their fresh representations separately/individually before the

                       District Magistrate, Patna for grant/transfer of license along

                       with the material documents required for adjudication withing a

                       period of four weeks from today.

                                   7. On applications being filed by these petitioners

                       individually, along with the material documents like training

                       certificates and a copy of this order, it is expected that the

                       District Magistrate, Patna shall reconsider the matter afresh

                       within a period of two months from the date of filing of the

                       representation, in accordance with law.

                                   8. Needless to say that, if required, a police report

                       may also be obtained.

                                   9. The writ petition stands disposed of.



                                                                   (Ajit Kumar, J)
    perwez

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