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Patna High Court

Shailendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the District Collector must decide the pending arms licence application within eight weeks.

Summary

The petitioner, Shailendra Kumar, filed a writ petition seeking a direction to the State authorities to grant him an arms licence for a D.B.B.L. gun. He had submitted an application in the prescribed format to the District Collector of Motihari on 2 March 2021, but no decision had been taken. The State argued that the application was pending adjudication and the competent authority must pass an order in accordance with law. The Court observed that the application was duly filed and the authority is required to adjudicate it, and therefore directed the District Collector to take a final decision within eight weeks and communicate the order to the petitioner. The writ application was consequently disposed.

Issues considered

  • Whether the District Collector is obligated to decide a pending application for an arms licence within a reasonable time
  • Whether a writ of mandamus can be issued directing the grant of an arms licence

Legislation cited

Subjects

  • arms licence
  • writ jurisdiction
  • administrative law
  • delay in decision
  • district collector
  • mandamus

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.432 of 2026
                 ======================================================
                 Shailendra Kumar Son of Prasann Prasad Singh, Resident of Village Chhota
                 Bariyarpur, PS Chhatwani, District East Champaran.

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the District Magistrate, East Champaran at
                 Motihari.
           2.    The District Arms Officer, East Champaran, at Motihari.
           3.    The Superintendent of Police, East Champaran, at Motihari.
           4.    The Officer In-charge Chhatauni Police Station, East Champaran at
                 Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Vijay Shankar Shrivastava, Advocate
                 For the Respondent/s   :     Mr. Government Pleader (16)
                 ======================================================
                 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 seeking a

                   direction to the respondents to issue an arms license for a

                   D.B.B.L. gun in the name of the petitioner.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Collector, Motihari, East Champaran, which

                   is appended to the writ application as Annexure-P/2. 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
          Patna High Court CWJC No.432 of 2026(2) dt.03-07-2026
                                                      2/2




                    of life and property upon an application being made. Despite the

                    application having been filed on 02.03.2021, 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 Collector, Motihari, East Champaran, 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)
rajan/-

U


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