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Patna High Court

Amit Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Magistrate must consider the petitioner’s arms licence application within four weeks of fresh representation.

Summary

The petitioner applied for a new arms licence for a revolver/pistol to the District Magistrate of Supaul, but the licence was not issued. The petitioner filed a writ petition seeking a direction to the District Magistrate to dispose of the licence application. The State argued that the application had already been placed before the magistrate and could be dealt with by setting a timeline. The Court examined the delay and directed the District Magistrate to consider the petitioner's claim within four weeks of fresh representation, in accordance with the legislative intent. Accordingly, the writ petition was disposed.

Issues considered

  • Whether the District Magistrate's failure to issue the arms licence warrants a writ directing disposal of the application within a specified time.

Subjects

  • arms licence
  • writ petition
  • district magistrate
  • administrative delay
  • firearms
  • Bihar
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6451 of 2025
                 ======================================================
                 Amit Kumar Yadav S/o- Rameshwar Yadav Resident of Village- Mansi
                 Piprahi, P.O.- Banali Patti, P.S.- Birpur, District- Supaul, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Supaul.
           3.    The Superintendent of Police, Supaul.
           4.    The Station House Officer, Birpur, P.S.- Birpur, District- Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Pramod Kumar Yadav
                                               Mr.Prashant Kumar Yadav
                 For the State          :      Mr.Sudhanshu Shekar, AC to SC24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-03-2026                     In the instant petition, petitioner has prayed for the

                   following relief(s):-

                                                      “That the present writ appli-
                                            cation has been filed for issuance of ap-
                                            propriate writ or writs, direction or di-
                                            rections to the respondent authorities,
                                            particularly respondent no.2, the District
                                            Magistrate, Supaul for disposal of the
                                            application of the petitioner for grant of
                                            new arms licence for revolver/pistol
                                            (Handgun) and/or, For issuance of ap-
                                            propriate consequential writ or writs un-
                                            der the facts and circumstances of the
                                            case.”

                                 2. Counsel for the petitioner submits that despite ap-

                   propriate applications having been filed before the competent

                   authority, which is appended to the writ petition as Annexure-

                   P/2, the arms license has not been issued by the competent au-
           Patna High Court CWJC No.6451 of 2025(2) dt.16-03-2026
                                                       2/2




                     thority, Supaul.

                                 3. Learned counsel for the State submits that applica-

                     tion under prescribed format has already been placed before the

                     District Magistrate, Supaul. The same may be directed to dis-

                     pose of by framing the timeline.

                                 4. Considering the submission of the parties, this court

                     finds its appropriate to direct the District Magistrate, Supaul to

                     consider the claim of this petitioner for grant of arms license

                     within a period of four weeks from the date of fresh representa-

                     tion and necessary orders shall be passed in this case, in accor-

                     dance with law, strictly in consonance with the object of the

                     legislature.

                                 4. With the above observation, the instant writ petition

                     stands disposed of.



                                                  (Ajit Kumar, J)
abhishekkr/-

U


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