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Patna High Court

Arvind Kumar SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a representation before the District Magistrate and ordered the Magistrate to decide the application within eight weeks, thereby refusing the writ of mandamus.

Summary

The petitioner, Arvind Kumar Sinha, filed a writ petition seeking a mandamus directing the District Magistrate of Muzaffarpur to decide his application for a duplicate copy of his arms licence and a change of address, which had been pending since September 2024. He claimed that the licensing authority had not adjudicated his request despite filing the necessary applications. The State argued that the petitioner should first file a proper representation before the District Magistrate, after which the magistrate could decide in accordance with law. The Court held that the petitioner must file the representation within one month and directed the District Magistrate to decide the matter within eight weeks, issuing a reasoned order. Consequently, the writ petition was disposed of without granting the mandamus, with liberty granted to the parties to comply with the directions.

Issues considered

  • Whether a writ of mandamus can be issued directing the District Magistrate to decide the petitioner's application for a duplicate arms licence and address change.
  • Whether the petitioner is required to file a representation before the District Magistrate before any writ can be entertained.

Subjects

  • arms licence
  • duplicate copy
  • address change
  • writ of mandamus
  • administrative law
  • district magistrate
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20554 of 2025
                 ======================================================
                 Arvind Kumar Sinha Son of Late Shiva Prasad Sinha, resident of Flat no. 304
                 Shyamkunj Apartment, Basant Bihar Colony, Boring Road, P.S. S.K. Puri,
                 District- Patna - 800001.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    The Commissioner, Tirhut Commissionery, Muzaffarpur.
           3.    The District Magistrate, Muzaffarpur.
           4.    The District Arms Magistrate, Muzaffarpur.
           5.    The Senior Superintendent of Police, Muzaffarpur.
           6.    The Sub Divisional Officer, East Muzaffarpur.
           7.    The Officer Incharge, Police Station, Muzaffarpur.
           8.    The Anchal Adhiari, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Arun Kumar
                 For the Respondent/s    :     Mr.Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   03-04-2026                  Heard the parties.

                               2. This writ petition has been filed for grant of

                   following relief :-

                                        (i) For issuance an appropriate writ in
                             the nature of mandamus commanding respondent
                             authorities particularly, order or direction,
                             directing the respondent no.3 to take decision on the
                             application of the petitioner for issuance of
                             Duplicate copy of Arms License no. 1597/2198
                             P.S.Town Muzafferpur, Area- All India, U.I.N.-
                             051820028786142016-Description of Arms-0.32
                             ,which is pending before Licensing Authority,
                             Respondent.no.3,      the    District    Magistrate,
                             Muzafferpur since 07.09.2024.
Patna High Court CWJC No.20554 of 2025(2) dt.03-04-2026
                                           2/3




                              (ii) For issuance of any other relief or
                    reliefs, which your lordships may found deem fit
                    and proper in the facts and circumstances of the
                    case.
                      3. Learned counsel for the petitioner submits that the

          petitioner     is    holding      License       bearing   Arms   License

          No.1597/2198 P.S. Town Muzafarpur, Area-All India, U.I.N.-

          051820028786142016,Description of Arms-0.32 Bore one

          Revolver no.B-76123 by webly and Scott issued in his favour

          since 07.09.2024 and has filed an application for issuance of

          duplicate copy of arms license and has also requested for change

          of address, by filing an appropriate application before the

          authorities but till date the same has not been adjudicated.

                       4. On the other hand, counsel for the State submits

          that since the request for change of address and as also for

          duplicate copy has already been filed before the licensing

          authority and as such, the petitioner may be directed to file

          appropriate application/representation for grant of duplicate

          copy of arms license as also for change of address before the

          District Magistrate, Muzaffarpur and on filing of such

          application with all supportive materials, the District Magistrate,

          Muzaffarpur shall decide the same in accordance with law.

                       5. Considering the nature of relief sought by learned

          counsel for the petitioner, the writ application stands disposed of
            Patna High Court CWJC No.20554 of 2025(2) dt.03-04-2026
                                                       3/3




                      with a direction to petitioner to file representation before the

                      District Magistrate, Muzaffapur within one month from the date

                      of this order, for grant of duplicate copy of arms license as also

                      for change of address and upon such filing of the representation,

                      the District Magistrate, Muazaffapur is directed to decide the

                      representation of the petitioner within a further period of eight

                      weeks with reasoned and speaking order.

                                  6. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                  7. Pending interlocutory applications, if any, is also

                      disposed of in above terms.



                                                                      (Ajit Kumar, J)
sanjeev/-

U


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