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Patna High Court

Md. AnwarullahversusThe State of Bihar

Decided
Disposal
DISPOSED

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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