Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must decide the pending arms license application within eight weeks and communicate the order to the petitioner.
Summary
Satish Kumar filed a writ petition seeking a direction to the State of Bihar and the District Magistrate, Muzaffarpur, to grant him a handgun license under the Arms Act. He had submitted the prescribed application on 17‑12‑2020, but no decision had been taken. The petitioner argued that the delay violated his right to obtain a license for the safety of life and property. The State contended that the application was in proper form and the competent authority must adjudicate it. The Court directed the District Magistrate to pass a final order on the license application within eight weeks and to communicate the decision to the petitioner. The writ application was consequently disposed.
Issues considered
- Whether the District Magistrate is obligated to decide a pending arms license application within a reasonable time under the Arms Act.
Legislation cited
Subjects
- arms license
- writ jurisdiction
- administrative delay
- Arms Act
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.565 of 2025
======================================================
Satish Kumar S/o Late Ram Pravesh Prasad Singh, resident of House No. 2,
Near of Shiv Mandir, Shankar Puri, P.S.-Kazimohammadpur, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar.
2. The District Magistrate, Muzaffarpur.
3. The Superintendent of Police, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj
For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-03-2026 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
handgun (revolver/pistol) 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 Magistrate, Muzaffarpur, 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 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
Patna High Court CWJC No.565 of 2025(2) dt.17-03-2026
2/2
life and property upon an application being made. Despite the
application having been filed on 17.12.2020, 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, Muzaffarpur, 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)
shikha/-
U
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