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Patna High Court

Rehana KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the District Magistrate must decide the petitioner’s NPB license application within eight weeks and communicate the order.

Summary

The petitioner, Rehana Khatoon, filed a writ petition seeking a direction to the State of Bihar and the District Magistrate, Patna, to grant her a Non‑Prohibited Bore (NPB) revolver/pistol license under the Arms Act. She alleged that despite filing the requisite application on 10‑Nov‑2023, no decision had been taken, causing undue delay. The State contended that the application was in the prescribed format and the competent authority must adjudicate it according to law. The High Court directed the District Magistrate to pass a final order on the license application within eight weeks and to communicate the decision to the petitioner. Consequently, the writ petition was disposed.

Issues considered

  • Whether the District Magistrate is required to decide a pending NPB license application within a reasonable time under the Arms Act.
  • Whether the petitioner is entitled to a writ direction compelling the grant of an arms license.

Legislation cited

Subjects

  • Arms license
  • Non‑Prohibited Bore
  • Writ jurisdiction
  • Administrative delay
  • District Magistrate
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18807 of 2025
                 ======================================================
                 Rehana Khatoon W/o Mohammad Sakir, Mohalla- Mogalpura Bigha, P.S.-
                 Bakhtiyarpur, District- Patna, Bihar.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the Home Secretary, Government of Bihar.
           2.    The District Magistrate, Patna.
           3.    The Senior Superintendent of Police, Patna.
           4.    The Station House Officer, Bakhtiyarpur.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Manisha Pandey
                 For the Respondent/s   :      Mr.Government Advocate (05)
                 ======================================================
                 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 Non-Prohibited Bore (NPB) revolver/pistol to the

                   petitioner in terms of provisions of Arms Act and to dispose of

                   the application dated 10.11.2023 filed by the petitioner which is

                   said to be pending before the Respondent No.2, the District

                   Magistrate, Patna.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, Patna, which is appended to the

                   writ application. However, till date, no action has been taken
            Patna High Court CWJC No.18807 of 2025(2) dt.11-05-2026
                                                        2/2




                      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 10.11.2023, 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, Patna, 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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