Patna High Court
Vivek Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must decide the pending arms licence application within eight weeks and communicate the order to the petitioner.
Summary
The petitioner, Vivek Kumar Tiwari, filed a writ petition seeking a direction to the State of Bihar and its officials to grant him an arms licence. He had submitted an application in the prescribed format to the Siwan District Magistrate eight years earlier, but no decision had been taken. The petitioner argued that under the Arms Act a licence may be granted for ensuring safety of life and property and that the prolonged delay violated his rights. The State contended that the application was pending and the competent authority must adjudicate it in accordance with law. The Court directed the District Magistrate to make a final decision on the licence application within eight weeks and to communicate the order to the petitioner, thereby disposing of the writ application.
Issues considered
- Whether the competent authority is bound to decide an application for an arms licence within a reasonable time.
- Whether a writ of mandamus can be issued directing the authority to grant or refuse the arms licence.
Legislation cited
Subjects
- Arms licence
- Writ jurisdiction
- Administrative delay
- Mandamus
- Public safety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2175 of 2026
======================================================
Vivek Kumar Tiwari S/o Dayanand Tiwari R/o Khurmabad, P.O.-
Khurmabad, P.S.- Siwan Town, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Home, Bihar, Patna.
2. The District Magistrate, Siwan, District- Siwan.
3. The Arms Magistrate, Siwan, District- Siwan.
4. The Superintendent of Police, Siwan.
5. The S.H.O., Siwan Town Police, P.S.- Siwan Town, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Prakash, Advocate
For the Respondent/s : Mr. Standing Counsel 5
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 05-05-2026 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 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, Siwan, which is appended to the
writ application as Annexure-P/1. 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
Patna High Court CWJC No.2175 of 2026(2) dt.05-05-2026
2/2
license may be granted for ensuring the safety of life and
property upon an application being made. Despite the
application having been pending for last 8 years, 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, Siwan, 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
Checking your session…