Patna High Court
Ajay Shankar PathakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the licensing authority must adjudicate the pending application within eight weeks, directing compliance rather than quashing the earlier order.
Summary
Petitioner Ajay Shankar Pathak filed a writ petition seeking quashing of the District Magistrate's order dated 10.05.2025 that rejected his application for an N.P. bore rifle license and directing the authorities to grant the license for his safety. He argued that under the Arms Act a license may be granted to ensure safety of life and property and that his application filed on 16.03.2008 had not been acted upon. The State contended that the licensing authority must adjudicate the application in accordance with law. The Court observed that the pending application must be decided by the District Magistrate within eight weeks and that the order should be communicated to the petitioner. Accordingly, the writ application was disposed with directions to the licensing authority, without quashing the earlier order. The petitioner was also permitted to inform the licensing authority of any relevant judicial pronouncements.
Issues considered
- Whether the District Magistrate's order rejecting the arms license application should be quashed.
- Whether the licensing authority is obligated to decide the pending application within a reasonable time under the Arms Act.
- Whether a license can be granted on the ground of safety of life and property.
Legislation cited
Subjects
- Arms license
- Writ petition
- District Magistrate
- Safety of life and property
- Arms Act
- Administrative law
- Quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4088 of 2026
======================================================
Ajay Shankar Pathak Son of Late Rameshwar Nath Pathak Resident of
Village- Saisar, P.S.- Dinara, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The District Magistrate, Rohtas at Sasaram.
3. The District Arms Magistrate, Rohtas at Sasaram.
4. The Superintendent of Police, Rohtas at Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shankar Pathak
For the Respondent/s : Mr.Standing Counsel (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ application has been filed for the
following reliefs:-
(i) for quashing of order
dated 10.05.2025 passed by District
Magistrate, Rohtas, Sasaram in Arms
Case No. 06/2025, whereby and where
under learned District Magistrate has
rejected the apllication for grant of
N.P. Bore rifle of the petitioner.
(ii) For direction to
respondent authorities especially
respondent No. 2 to grant the license
of N.P. Bore rifle to the petitioner for
Patna High Court CWJC No.4088 of 2026(2) dt.03-07-2026
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the safety of life and property of the
petitioner.
(iii) For any other relief or
reliefs for which the petitioner may be
found entitle.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed
before the District Magistrate, Rohtas, which is appended to the
writ application. 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 on 16.03.2008, 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, Rohtas at Sasaram, 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
Patna High Court CWJC No.4088 of 2026(2) dt.03-07-2026
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within the said period.
6. With the aforesaid observations and directions, the
instant writ application stands disposed.
7. Petitioner is also at liberty to apprise the licensing
authority with regard to judicial pronouncement made on the
subject in issue which shall be considered by the licensing
authority before passing any order.
(Ajit Kumar, J)
rajan/-
U
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