Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court ordered the petitioner to appear before the District Magistrate within two weeks and directed the Magistrate to decide the arms licence claim within two months, thereby disposing of the writ.
Summary
The petitioner, Amar Kumar, filed an application in 2018 for an arms licence before the District Magistrate, Saran, and a recommendation was issued in 2019. Despite the registration of Arms License Case No. 48 of 2019, the matter remained pending without a valid reason. The respondents contended that the petitioner was served notice, appeared once, and then remained absent from 18‑11‑2021, causing the delay. The Court condoned the delay in refiling the writ, directed the petitioner to appear before the District Magistrate within two weeks, and ordered the Magistrate to adjudicate the licence claim within two months in accordance with law. The writ application was consequently disposed.
Issues considered
- Whether the District Magistrate is obligated to grant the arms licence in the absence of petitioner’s appearance.
- Whether the delay in adjudicating Arms License Case No. 48 of 2019 violates procedural law.
Subjects
- arms licence
- district magistrate
- writ jurisdiction
- procedural delay
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5043 of 2025
======================================================
Amar Kumar son of Mohan Prasad, resident of Mauna Hanuman Mandir,
Mauna Muhalla, P.S.- Town, District- Saran at Chhapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Saran at Chhapra.
2. The Deputy Collector-In Charge Record Room, Saran at Chhapra.
3. The Superintendent of Police, Saran at Chhapra.
4. The Sub-Divisional Officer, Saran at Chhapra.
5. The S.H.O., Town Police Station, District- Saran at Chhapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Standing Counsel (23)
Mrs. Vijaya Laxmi Srivastava, AC to SC-23
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The delay in re-filing of the writ application is
condoned.
3. The instant application has been filed for the
following reliefs:-
(i) For commanding the respondent authorities to
grant arms license in favour of the petitioner
pursuant to the recommendation as contained in
Letter No.109 dated 18.07.2019 issued under the
signature of the Superintendent of Police.
(ii) For commanding the respondent no.1 to act in
accordance with law by disposing Arms License
Case No.48 of 2019 pending in the Court of
learned District Magistrate, Saran at Chapra filed
Patna High Court CWJC No.5043 of 2025(2) dt.23-03-2026
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by the petitioner earliest.
(iii) For grant of any other relief to which the
petitioner is found entitled to in the facts and
circumstances of the case.
4. Learned counsel for the petitioner submits that
the petitioner had filed an application in the year 2018 for grant
of an arms licence before the District Magistrate, Saran at
Chapra. It is further submitted that recommendations were made
by the authorities in the year 2019 and Arms Licence Case No.
48 of 2019 was registered in the same year; however, the said
case has not been concluded till date, without any valid reason.
5. On the other hand, learned counsel for
respondent nos. 1 and 2 submits that, upon receipt of the report
from the Superintendent of Police, Saran, Arms License Case
No. 48 of 2019 was initiated by the District Magistrate, Saran. It
is further submitted that notice was issued to the petitioner for
hearing and he had appeared; however, he has remained absent
since 18.11.2021.
6. It is further submitted that the petitioner is ready
to appear before the authorities, in view of the stand taken by
respondent nos. 1 and 2 in the counter affidavit, on account of
which the claim for grant of license has not been adjudicated.
7. In view of the aforesaid, the petitioner is directed
Patna High Court CWJC No.5043 of 2025(2) dt.23-03-2026
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to appear before the District Magistrate, Saran within a period
of two weeks from today. Upon his appearance, it is expected
that the District Magistrate, Saran, shall adjudicate the claim for
grant of arms license strictly in accordance with law within a
period of two months thereafter.
8. With the aforesaid observations and directions,
the instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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