Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the District Magistrate must decide the pending transfer application for the firearms license within six weeks and communicate the order to the petitioner.
Summary
The petitioner, a businessman, sought a transfer of a firearms license originally held by his elderly father, arguing that the father could no longer use the weapon and that the petitioner needed the firearm for personal safety. The application for transfer had been pending since 24 June 2023 with the District Magistrate, and the petitioner alleged that the authority's inaction was illegal, arbitrary, and unreasonable. The State contended that the application was properly filed and that the appropriate authority should decide on the transfer, considering the father's age and the petitioner’s business. The High Court examined whether the delay violated the procedural requirements under the Arms legislation and found no substantive reason for the continued pendency. Consequently, the Court directed the District Magistrate to render a final decision on the transfer within six weeks of the representation and to communicate the order to the petitioner. The writ petition was thereafter disposed of.
Issues considered
- Whether the respondent authority's delay in deciding the transfer of a firearms license amounts to illegal and arbitrary action.
- Whether the petitioner is entitled to a transfer of the firearms license under the applicable Arms legislation.
- Whether the High Court can direct a time-bound decision by the District Magistrate on the pending application.
Subjects
- firearms license
- license transfer
- delay in administrative action
- Arms Act
- high court writ jurisdiction
- arbitrary authority
- safety of life and property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5823 of 2025
======================================================
Ritesh Kumar Son of Sri Krishn Rai @ Sri Krishna Rai @ Sri Krishna Rai
Resident of Village and Post- Guljarpur, P.S.- Sahar, District- Bhojpur,
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar, Patna.
2. The Commissioner, Patna Division, Patna.
3. The District Magistrate, Bhojpur at Ara.
4. The Superintendent of Police, Bhojpur at Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Narayan Rai, Advocate
For the Respondent/s : Mr. Standing Counsel (13)
Mr. Hitesh Suman, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) For that, petitioner is a rich business man
of the locality. and he has good reputation in the
society therefore Fire Arms is required for safety of
his life and property.
(ii) For that, petitioner father Sri Krishna
Rai aged about more than 73 years is an old
license holder having 315 NP Bore Rifle no
740414, license no 341/75, but due to old age and
illness he is unable to use Arttes
(iii) For that respondent no. 3, kept the
matter pending since long without any reason and
without any adverse remark against the petitioner.
(iv) For that, the action of respondent
authorities are illegal arbitrary, unreasonable,
Patna High Court CWJC No.5823 of 2025(2) dt.23-03-2026
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uncalled for and against the Provisions of Law.
(v) For that, petitioner is satisfying all the
criteria under the provisions of Law for granting
Fire Arms license but respondent authority are
harassing the petitioner.
3. Learned counsel for the petitioner submits that the
petitioner had applied for license of fire arms for safety of life
and property and it is the case of the petitioner that petitioners
father, namely, Sri Krishna Rai, is a old license holder having
315 NP Bore Rifle No.740414 and has attained age of 70 years
and because of old age, he is unable to use the said arms and
hence, with the consent of his father, the petitioner had applied
for transfer of license of fire-arms, which is pending since
24.06.2023.
4. On the other hand, learned counsel for the State
submits that application for transfer of license of arms has been
filed by the petitioner, which is appended with the writ petition
as Annexure-P/1, hence, the appropriate / concerned authority
may be directed to take a final decision with regard to transfer
of such license and looking to the age of petitioner’s father and
the nature of the business being carried out by the petitioner, as
has been pleaded in the writ petition.
5. Considering the stand of the parties, this Court
directs the District Magistrate to take a final decision within a
Patna High Court CWJC No.5823 of 2025(2) dt.23-03-2026
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period of six weeks from the date of filing of representation, and
necessary orders so passed shall be communicated to the
petitioner.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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