Patna High Court
Sanjay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must decide the petitioner’s arms licence application within eight weeks and communicate the order.
Summary
The petitioner, Sanjay Kumar Gupta, filed an application for a pistol license on 22 February 2010, which remained pending despite a recommendation from the local SHO citing safety concerns in a Naxal-affected area. The petitioner sought a writ directing the District Magistrate of Kaimur to dispose of the application, grant the license, and ensure compliance with the Arms Act. The State argued that the application was in the prescribed format and required adjudication by the competent authority. The Court observed that the delay was unreasonable and directed the District Magistrate to make a final decision within eight weeks and communicate it to the petitioner. Consequently, the writ application was disposed with the specified directions.
Issues considered
- Whether the District Magistrate is obligated to decide the pending arms licence application within a reasonable time under the Arms Act.
- Whether the petitioner is entitled to a writ directing the grant of the arms licence based on the SHO's recommendation.
Legislation cited
Subjects
- Arms licence
- Writ jurisdiction
- Administrative delay
- Safety of life and property
- Arms Act compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2486 of 2026
======================================================
Sanjay Kumar Gupta S/o Late Uma Sah, R/o Village- Bhagvanpur, P.O. and
P.s.- Bhagwanpur, District- Kaimur (Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Bi-
har, Patna.
2. The Divisional Commissioner, Patna.
3. The District Magistrate, Kaimur (Bhabua).
4. The District Arms Magistrate, Kaimur (Bhabua).
5. The Superintendent of Police, Kaimur (Bhabua).
6. The SHO, P.S.- Bhagwanpur, District- Kaimur (Bhabua).
7. The S.D.O, Bhabua, District- Kaimur (Bhabua).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhash
For the Respondent/s : Mr. Jahanara, AC to GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) To direct the District Magistrate, Kaimur
(Bhabua) to dispose of the application for
Arms License dated 22.02.2010 filed by the
petitioner for pistol in the light of
recommendation made by S.H.O.,
Bhagwanpur on the ground of safety of life
and property and also in the light of order
dated 13.01.2020 passed in CWJC No.23723
of 2019.
(ii) To direct the respondents to grant Arms
Patna High Court CWJC No.2486 of 2026(2) dt.16-03-2026
2/3
license of pistol to the petitioner considering
the recommendation made by the S.H.O.,
Bhagwanpur.
(iii) To direct the respondents to act in the
accordance of provisions of Arms Act.
(iv) To grant any other relief as the Hon’ble
Court deems fit and proper.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed
before the District Magistrate, Kaimur (Bhabua), 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 licence. It is further submitted that, as per the provisions of
the Arms Act, a licence may be granted for ensuring the safety
of life and property upon an application being made. In the
present case, the application was duly filed in the prescribed
format, and the local police has also submitted a report
indicating that the area where the petitioner carries on his
business is Naxal-affected, posing a serious threat to his life.
Despite the application having been filed as far back as
22.02.2010, 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
Patna High Court CWJC No.2486 of 2026(2) dt.16-03-2026
3/3
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, Kaimur (Bhabua), is directed to
take a final decision on the petitioner’s application for grant of
an arms licence 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)
shikha/-
U
Checking your session…