Patna High Court
Chandan Kumar Tiwary @ Chandan Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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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