Patna High Court
Amit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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/-
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