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Patna High Court

Dhananjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate must decide the pending arms license application within eight weeks and communicate the order to the petitioner.

Summary

The petitioner, Dhananjay Kumar, filed a writ petition seeking a direction to the State authorities to grant an arms license that he had applied for on 07‑06‑2019 before the District Magistrate, West Champaran. Despite filing the application in the prescribed format, no decision had been taken for several years. The petitioner argued that under the Arms Act a license may be granted for safety of life and property and that the delay violated his right to a timely decision. The State contended that the application was pending and the competent authority was required to adjudicate it. The Court directed the District Magistrate to take a final decision on the application within eight weeks and to communicate the order to the petitioner. The writ application was consequently disposed.

Issues considered

  • Whether the District Magistrate is obligated to decide the pending arms license application within a reasonable time under the Arms Act.
  • Whether a writ of mandamus can be issued directing the authority to grant or reject the arms license.

Legislation cited

Subjects

  • Arms license
  • Writ petition
  • Administrative delay
  • Public authority
  • Civil writ jurisdiction
  • Arms Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.20663 of 2025
                 ======================================================
                 Dhananjay Kumar Son of Late Binod Kumar Singh, Resident of In front
                 Urvashi Cinema Hall, Station Chowk, P.s.- Bettiah Town, District- West
                 Champaran, Bettiah.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Home Secretary, Government of Bihar.
           2.    The Divisional Commissioner, Muzaffarpur Division, Muzaffarpur (Tirhut).
           3.    The District Magistrate, West Champaran, Bettiah.
           4.    The Superintendent of Police, Bettiah.
           5.    The Additional District Magistrate (Arms), West Champaran.
           6.    The District Arms Magistrate, West Champaran.
           7.    The Sub-divisional Officer, Bettiah, West Champaran.
           8.     The S.H.O. Bettiah Police Station, District-West Champaran.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mrs. Manisha Pandey, Advocate
                 For the Respondent/s   :      Mr. Government Pleader 25
                                               Mr. Ramadhar Singh, AC to GP-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-06-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The writ application has been filed seeking a

                   direction to the respondents to issue an arms license for a N.P.

                   Bore Rile in the name of the petitioner.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, West Champaran, Bettiah, which

                   is appended to the writ application as Annexure-P/2. However,
           Patna High Court CWJC No.20663 of 2025(2) dt.25-06-2026
                                                      2/2




                     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 07.06.2019, 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, West Champaran, Bettiah, 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)
sharun/-

U


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