Patna High Court
Abhishek 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, Abhishek Kumar Tiwari, filed a writ petition seeking a direction to the State of Bihar and its officials to grant an arms licence that he had applied for eight years earlier. He alleged that despite filing the application in the prescribed format before the Siwan District Magistrate, no decision had been taken. The State contended that the application was pending and the competent authority was required to adjudicate it. The Court observed that the authorities must act on the pending application and directed the District Magistrate to pass a final order on the licence within eight weeks and communicate the decision to the petitioner. Accordingly, the writ application was disposed with the said direction.
Issues considered
- Whether the District Magistrate is obligated to decide a pending arms licence application within a reasonable time.
- Whether the court can direct the administrative authority to grant the licence.
Legislation cited
Subjects
- Arms licence
- Writ jurisdiction
- Administrative delay
- District Magistrate
- Public interest litigation
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2181 of 2026
======================================================
Abhishek 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 6
======================================================
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.2181 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 the 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
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