Patna High Court
Mohammad ShahjadaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
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
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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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