Patna High Court
Shashi Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The Court found no infirmity in the Divisional Commissioner’s order and dismissed the writ petition as misconceived.
Summary
Shashi Bhushan Kumar filed a writ petition seeking a mandamus directing the District Magistrate, Patna, to promptly implement the order dated 06‑08‑2024 of the Divisional Commissioner, which remanded the matter back to the District Magistrate to grant a firearm licence under the Arms Rules, 2016. The petitioner argued that the licence should be issued forthwith in accordance with the appellate authority’s findings. The High Court examined the order of the Divisional Commissioner and found no infirmity or illegality in it. Consequently, the Court held that the writ petition was misconceived as there was no ground to interfere with the appellate order. The petition was therefore dismissed at the threshold.
Issues considered
- Whether the order of the Divisional Commissioner dated 06‑08‑2024 directing the District Magistrate to grant a firearm licence is legally valid and enforceable.
- Whether a writ of mandamus can be issued to compel the District Magistrate to comply with that order.
Legislation cited
- Arms Rules — s. 2016
Subjects
- firearm licence
- mandamus
- Arms Rules 2016
- administrative law
- district magistrate
- divisional commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1776 of 2025
======================================================
Shashi Bhushan Kumar Son of Late Ram Ratan Singh, Resident of S.K.
Puram, Arya Samaj Mandir Road, Near Lane No. 7, RPS More, Bailey Road,
P.S.- Danapur, Dist- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Divisional Commissioner, Patna.
3. The District Magistrate, Patna.
4. The Superintendent of Police, Patna.
5. The Sub-Divisional Officer, Danapur.
6. The Station House Officer, Danapur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Raj, Adv.
For the Respondent/s : Mr. Government Pleader (23)
For the State : Mr. Sanjay Kumar (A.C. to G.P. 23)
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Sri Akash Raj, learned Advocate for the
petitioner and Mr. Sanjay Kumar, learned A.C. to G.P. 23 for the
State.
2. The petitioner in the present writ application has
prayed for following relief/reliefs :-
(i) For Issuance of an appropriate writ, order,
or direction, including a writ in the nature of mandamus,
directing the District Magistrate, Patna (respondent no 3),
to expeditiously comply with the order dated 06.08.2024
passed by the Divisional Commissioner, Patna, in Arms
Appeal No. 156/2024, and to grant the firearm license to
the Petitioner forthwith in light of the findings and
directions contained therein.
(ii) Pass any other relief or reliefs as may be
deemed fit and proper in the facts and circumstances of this
case.
Patna High Court CWJC No.1776 of 2025(2) dt.06-07-2026
2/2
3. From bare perusal of the order passed by the
learned Court of Divisional Commissioner, Patna in Arms
Appeal Case No. 156 of 2024, it appears that the learned
Appellate Authority vide impugned order has remanded back
the matter to the District Magistrate, Patna and to pass fresh
order in accordance with the provisions of the Arms Rules,
2016.
4. This Court finds no infirmity in the impugned order
dated 06.08.2024, passed by the learned appellate authority.
5. Accordingly, the present writ application is
misconceived and is dismissed in limine.
(Vikash Kumar, J)
Ashwin/-
U
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