Patna High Court
Md. Afnan Ahmad KarimiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate, Muzaffarpur, must decide the petitioner’s arms licence application within eight weeks and communicate the order.
Summary
The petitioner, Md. Afnan Ahmad Karimi, filed a writ petition seeking a direction to the State authorities to grant him a D.D.B.L. gun licence under the Arms Act, alleging that his application dated 23‑01‑2025 before the District Magistrate, Muzaffarpur, remained pending with no decision. The petitioner argued that the Arms Act permits a licence for safety of life and property and that the authority must act on the application. The State contended that the application was in the prescribed format and the competent authority is 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 order to the petitioner. Accordingly, the writ petition was disposed with the directive to the District Magistrate.
Issues considered
- Whether the District Magistrate is obligated to decide a pending arms licence application within a reasonable time under the Arms Act
- Whether the High Court can direct the administrative authority to grant or deny the licence
- Whether the writ petition seeking such direction is maintainable
Legislation cited
Subjects
- Arms licence
- Arms Act
- Writ jurisdiction
- Administrative delay
- District Magistrate
- Public safety
- Civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17386 of 2025
======================================================
Md. Afnan Ahmad Karimi Son of Late Md. Zakaullah Karimi Resident of
Village- Rampur Saghari, P.S.- Aurai, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The District Arms Magistrate, Muzaffarpur.
4. The Superintendent of Police, Muzaffarpur.
5. The Officer Incharge, Aurai Police Station, District- Muzaffarpur.
6. The Anchal Adhikari, Aurai Anchal, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Anisur Rahman, Advocate
For the State : Mr. Rajeshwar Singh, G.A.-10
Mr. Jitendra Kumar, A.C. to G.A.-10.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ application has been filed seeking a direction
commanding the respondents authorities to grant license of
D.D.B.L. gun to the petitioner in terms of provisions of Arms Act
and to dispose of the application dated 23.01.2025 filed by the
petitioner which is said to be pending before the Respondent No.2,
the District Magistrate, Muzaffarpur.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed before
the District Magistrate, Muzaffarpur, which is appended to the writ
Patna High Court CWJC No.17386 of 2025(2) dt.11-05-2026
2/2
application. 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 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 23.01.2025, 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, Muzaffarpur, 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)
sanjeev/-
U
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