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Patna High Court

Chandan Kumar Tiwary @ Chandan Kumar TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate must decide the pending arms licence application within eight weeks and communicate the order to the petitioner.

Summary

The petitioner, Chandan Kumar Tiwary, filed a writ petition seeking a direction to the State of Bihar officials to grant him an arms license for a handgun (rifle). He had already submitted an application in the prescribed format to the District Magistrate of Patna on 31‑11‑2021, but no decision had been taken. The State argued that the competent authority is required to adjudicate the application according to law. The High Court observed that the delay was unjustified and directed the District Magistrate to make a final decision on the license application within eight weeks and to communicate the order to the petitioner. Accordingly, the writ petition was disposed with the said direction.

Issues considered

  • Whether the District Magistrate is obligated to decide a pending arms licence application within a reasonable time.
  • Whether the court can issue a writ directing the administrative authority to grant or reject the licence.

Legislation cited

Subjects

  • arms licence
  • writ jurisdiction
  • administrative delay
  • district magistrate
  • safety of life and property
  • public authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5989 of 2026
                 ======================================================
                 Chandan Kumar Tiwary @ Chandan Kumar Tiwari Son of Sri Ramjee
                 Tiwary, Resident of House No.- 01, C/o Upendra Dubey, Sanjay Nagar, Road
                 No.- 04, Postal Park, Post- G.P.O, P.S.- Jakanpur, District Patna, Bihar -
                 800001.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through its Home Secretary, Government of Bihar, Patna.
           2.    The Home Secretary, Government of Bihar, Patna.
           3.    The District Magistrate, District- Patna, Bihar.
           4.    The Commissioner, District- Patna, Bihar.
           5.    The Additional District Magistrate (Arms), District- Patna, Bihar.
           6.    The District Arms Magistrate, District- Patna, Bihar.
           7.    The Senior Superintendent of Police, District- Patna, Bihar.
           8.    The Sub Divisional Police Officer, Sadar, District- Patna, Bihar.
           9.    The Station Head Officer, Jakanpur Police Station, District- Patna, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Apurva Kumar, Advocate
                 For the Respondent/s   :       Mr. Standing Counsel 5
                                                Mr. Kumar Pankaj, AC to SC-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   06-05-2026                    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 (rifle) 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, Patna, which is appended to the

                   writ application as Annexure-P/1. However, till date, no action
           Patna High Court CWJC No.5989 of 2026(2) dt.06-05-2026
                                                       2/2




                     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 life and

                     property upon an application being made. Despite the

                     application having been filed on 31.11.2021, 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 Magistrate, Patna , 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)
sharun/-

U


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