Patna High Court
Md. AnwarullahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the licensing authority must procure a police report and decide the petitioner’s arms licence application within eight weeks.
Summary
The petitioner, Md. Anwarullah, filed a writ petition seeking a mandamus directing the District Magistrate of West Champaran to grant an arms licence that he had applied for in October 2014 but which remained pending. The petitioner argued that under the Arms Act a licence may be granted for safety of life and property and that the authority’s inaction violated his right to a timely decision. The State contended that the application was in the prescribed format and the competent authority must adjudicate it according to law. The Court directed the licensing authority to obtain a report from the Superintendent of Police and to make a final decision on the licence within eight weeks, communicating the order to the petitioner. Accordingly, the writ petition was disposed with the said directions.
Issues considered
- Whether the District Magistrate is duty-bound to decide an arms licence application within a reasonable time under the Arms Act.
- Whether a writ of mandamus can be issued to compel the licensing authority to grant or reject the licence.
- Whether the licensing authority must obtain a police report before deciding the application.
Legislation cited
Subjects
- Arms licence
- Mandamus
- Writ jurisdiction
- Administrative law
- Police report
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.374 of 2026
======================================================
Md. Anwarullah Son of Late Habiburahaman @ Habib Miyan, Resident of
Village- Marahia, P.O.- Lauriya, P.S.- Lauriya, District- West Champaran at
Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, District- West
Champaran at Bettiah.
2. The District Magistrate, District- West Champaran at Bettiah.
3. The Superintendent of Police, District- West Champaran at Bettiah.
4. The District Arms Magistrate-cum-Additional Collector, District- West
Champaran at Bettiah.
5. The Sub-Divisional Officer, Narkatiyaganj, District- West Champaran.
6. The Station House Officer, Lauriya P.S., District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Dubey, Advocate
For the Respondent/s : Mr. Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The instant writ petitioner has been filed for
issuance of an appropriate writ preferably in the nature of
Mandamus commanding upon the respondent authorities more
particularly the District Magistrate, West Champaran, Bettiah to
grant Arms License to the petitioner for which the petitioner had
made application in the year 2014 which is pending without any
Patna High Court CWJC No.374 of 2026(2) dt.02-07-2026
2/3
decision till date.
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.
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 license may be granted for
ensuring the safety of life and property upon an application
being made. Despite the application having been filed in the
month of October 2014, 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, licensing authority is directed to fetch report from the
local police officer through Superintendent of Police, West
Champaran, Bettiah, 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 forthwith.
Patna High Court CWJC No.374 of 2026(2) dt.02-07-2026
3/3
6. With the aforesaid observations and directions, the
instant writ application stands disposed.
(Ajit Kumar, J)
rajan/-
U
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