Patna High Court
Sitaram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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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