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Patna High Court

Satish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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