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Patna High Court

Sanjay Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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