Created by Fuzzy Cloud

Patna High Court

Nagendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.