Patna High Court
Nagendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must take a final decision on the petitioner’s arms licence application within eight weeks from the date of the order.
Summary
The petitioner, Nagendra Prasad, filed a writ petition seeking a direction to the District Magistrate of West Champaran to decide his pending application for a handgun licence filed on 1 February 2023. He alleged that despite filing the application in the prescribed format, no decision had been taken for over three years, violating the provisions of the Arms Act which allow a licence for safety of life and property. The State argued that the competent authority is bound to adjudicate the application in accordance with law. The Court directed the District Magistrate to render a final decision on the licence application within eight weeks and to communicate the order to the petitioner. Consequently, the writ petition was disposed.
Issues considered
- Whether the District Magistrate, as the licensing authority, is obligated to decide a pending arms licence application within a reasonable time under the Arms Act.
Legislation cited
Subjects
- Arms licence
- Civil writ jurisdiction
- Administrative delay
- District Magistrate
- Arms Act
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4134 of 2026
======================================================
Nagendra Prasad S/o-Shivnath Kushvaha, R/o Vill-Rekha Sundarpati Tola
Hardipati, P.S.-Nautan, District-West Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home, Govt. of Bihar, Patna.
2. The District Magistrate cum Licensing Authority, West Champaran.
3. The Superintendent of Police, West Champaran.
4. The SHO, P.S.-Nautan, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aayush Abhishek, Adv.
For the Respondent/s : Mr.Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ application has been filed seeking a
direction upon the respondents, especially Respondent No. 2 to
dispose of the application Bearing Reference No.
05154A186B123, whereby the petitioner has applied for the
grant of license for Handgun Revolver or Pistol, which is
pending consideration, since 2023.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed
before the District Magistrate, West Champaran, which is
appended to the writ application as Annexure-P/1. However, till
date, no action has been taken with regard to the grant of an
Patna High Court CWJC No.4134 of 2026(2) dt.11-05-2026
2/2
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 01.02.2023, 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, West Champaran (Respondent
No.2), 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 within the said period.
6. With the aforesaid observations and directions, the
instant writ application stands disposed.
(Ajit Kumar, J)
rishi/-
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