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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the District Magistrate must decide the pending arms licence application within eight weeks, and a writ of mandamus is appropriate to enforce this duty.

Summary

The petitioner, Niraj Kumar, filed a writ petition seeking a mandamus directing the District Magistrate of Patna to sanction his application for an N.P.Bore rifle licence, which had been pending since 25 June 2025. He argued that under the Arms Act the licence should be granted within 60 days of filing, but no decision had been taken. The State contended that the application was in the prescribed format and the competent authority must adjudicate it according to law. The High Court held that the District Magistrate is obligated to decide the licence application and issued a direction to do so within eight weeks, with the order to be communicated to the petitioner. Consequently, the writ petition was disposed with the relief granted.

Issues considered

  • Whether the District Magistrate is bound to decide an arms licence application within the statutory period prescribed under the Arms Act.
  • Whether a writ of mandamus can be issued to compel the District Magistrate to grant or reject the licence.

Legislation cited

Subjects

  • Arms licence
  • Mandamus
  • Writ petition
  • Administrative law
  • Delay
  • District Magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.413 of 2026
                 ======================================================
                 Niraj Kumar S/o Ram Singh Resident of Village- Balua, Post- Balua, P.S.-
                 Maner, Distt.- Patna.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Chief Secretary of Bihar Govt. Old Secretariat,
                 Patna.
           2.    The District Magistrate, Collectorate, Patna.
           3.    The Commissioner, Patna Division, Patna.
           4.    The Arms Magistrate, Collectorate, Patna.
           5.    The Senior Superintendent of Police, Patna.
           6.    The Additional District Magistrate, Collectorate, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Dr. Ajay Shankar Rajoo, Advocate
                 For the Respondent/s    :     Mr.Addl. Advocate General (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   08-04-2026                      Heard learned counsel for the petitioner and

                   learned counsel for the State.

                                 2. The writ application has been filed for the

                   following reliefs :-

                                           “For issuance of an appropriate Writ in the
                                    nature of mandamus to command the respondent
                                    no.2 for sanction of the Arms Licence of N.P.Bore
                                    Rifle in the name of the petitioner. Aforesaid Arms
                                    Application has been applied on 25.06.2025. Same
                                    is still pending in the basket of Rubbish of
                                    Respondent no.2. Consequences Law is laid down
                                    before the respondent no.2 because Arms
                                    Application for the grant of Licence shall be
Patna High Court CWJC No.413 of 2026(2) dt.08-04-2026
                                            2/3




                          considered within 60 days from the date of filing of
                          the Arms Application which is contained in
                          Annexure P/1 series.”

                      3. Learned counsel for the petitioner submits that an

          application in the prescribed format has already been filed

          before the District Magistrate, Collectorate, Patna, which is

          appended to the writ application as Annexure-P/1 series.

          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

          25.06.2025, 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, Collectorate, Patna, 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.413 of 2026(2) dt.08-04-2026
                                                       3/3




                     within the said period.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed.



                                                  (Ajit Kumar, J)
sharun/-

U


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