Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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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