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Patna High Court

Mohammad ShahjadaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A writ petition cannot be used to settle a private money dispute, and therefore the application for cancellation of the gun licence was dismissed.

Summary

The petitioner, Mohammad Shahjada, filed a writ petition seeking a direction to the District Magistrate to cancel the gun licence of respondent No.5, alleging a threat to his life. He claimed to have filed a representation with the District Magistrate for the licence cancellation, stemming from a money dispute with the respondent. The court examined whether a writ jurisdiction could be employed to resolve such a private dispute. It held that writ jurisdiction is not a tool for settling monetary or personal disputes and that any genuine threat to life should be addressed under criminal law. Consequently, the petition was dismissed as being devoid of merit. The order was pronounced by Justice Anil Kumar Sinha of the Patna High Court.

Issues considered

  • Can a writ petition be entertained to cancel a gun licence on the ground of alleged threat to life arising from a private money dispute?

Subjects

  • writ jurisdiction
  • gun licence cancellation
  • threat to life
  • civil writ petition
  • criminal jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.6790 of 2025
                 ======================================================
                 Mohammad Shahjada S/o Md. Shoukat Ali, Resident of A-467, Transit Camp,
                 Govindpuri, Kalkaji, New Delhi-110019.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Home Department, Government of Bihar,
                 Patna.
           3.    The District Magistrate, Nalanda, Bihar.
           4.    The Superintendent of Police, Nalanda, Bihar.
           5.    Mr. Sikandar Khan S/o Najrul Khan, R/o Kagzi Mohalla, Pehla Pokhar, Near
                 Masjid, Bihar Sharif, District- Nalanda, Bihar-803101.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Aatish Kumar
                 For the Respondent/s   :      Mr. Government Pleader (20)
                                        :      Mr. Anil Kumar, Ac to Gp20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   10-02-2026                 1. The petitioner has filed this writ application for a

                   direction to the District Magistrate that he has a threat from

                   respondent no. 5, as such, the gun license of respondent no. 5

                   should be canceled.

                               2. Learned counsel for the petitioner submits that

                   representation has been filed before the District Magistrate

                   seeking cancellation of gun license of respondent no. 5. The

                   petitioner is having threat of life from respondent no. 5.

                               3. I have heard learned counsel for the petitioner as

                   well as Respondent/State.

                               4. From the facts of the case, it appears that there is a
          Patna High Court CWJC No.6790 of 2025(2) dt.10-02-2026
                                                      2/2




                    money dispute between the petitioner and respondent no. 5 and

                    in order to settle that dispute, the petitioner has taken steps for

                    cancellation of gun license of respondent no. 5. The writ

                    jurisdiction cannot be taken as a tool for settling the dispute

                    regarding money and other disputes. If the petitioner has some

                    threat of life, he can take recourse of law under the criminal

                    jurisdiction. Accordingly, the present writ application is

                    dismissed being devoid of any merit.



                                             (Anil Kumar Sinha, J)
HarshPandey/-

U


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