Patna High Court
Rajesh Kumar KediaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the Licensing Authority must decide the petitioner’s transfer application within six weeks of the order.
Summary
Petitioner Rajesh Kumar Kedia, the legal heir of a deceased gun house license holder, applied for transfer of License No. 04/81 under Rule 25 of the Arms Rules, 2016. The Licensing Authority (District Magistrate) asked him to rectify deficiencies, which he did, but the application remained pending since 2017. He filed a writ petition seeking a direction for the authority to decide his application. The High Court noted the undue delay and ordered the District Magistrate and the District Arms Magistrate to render a final decision within six weeks. The writ petition was consequently disposed with the direction for expeditious disposal.
Issues considered
- Whether the Licensing Authority is required to decide a transfer application of a gun license within a reasonable time.
- Whether the petitioner, as a legal heir, is entitled to a direction under the writ jurisdiction to compel the authority to act.
- Interpretation of Rule 25 of the Arms Rules, 2016 concerning inheritance of a gun license.
Legislation cited
Subjects
- gun license
- license transfer
- legal heir
- writ petition
- Licensing Authority
- Arms Rules, 2016
- expeditious disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7664 of 2025
======================================================
Rajesh Kumar Kedia Son of Late Ratan Lal Kedia, resident of Mane Road,
Kediya Lane Gopalganj, Manikpur, P.S. and P.O.- Gopalganj, District -
Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home
Affairs, Government of Bihar, Patna.
2. The Principal Secretary, Department of Home Affairs, Government of Bihar,
Patna.
3. The Director General of Police, Patna, Bihar.
4. The District Magistrate, Gopalganj.
5. The Superintendent of Police, Gopalganj.
6. The District Arms Magistrate, Gopalganj.
7. The Divisional Commissioner Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukund Kumar, Advocate
For the State Res. : Mr. K.P. Gupta, GP-10
Mr. Satya Vrat, A.C. to G.P.-(10)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties concerned.
2. The petitioner has filed the present writ application
for direction to respondent nos. 4 and 6, namely the Licensing
Authority-cum-District Magistrate, Gopalganj, to decide the
application of the petitioner for grant/transfer of the license of
Kedia Gun House bearing License No. 04/81 in favour of the
petitioner.
3. The father of the petitioner was a license holder for
Patna High Court CWJC No.7664 of 2025(2) dt.16-02-2026
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running a gun house in the name and style of Kedia Gun House
having License No. 04/81 arising out of Case No. 125/80.
During his lifetime, the license was renewed on several
occasions, and the last renewal in his favour was made on
05.12.2016. The petitioner’s father died on 06.04.2017, and the
death certificate has been annexed as Annexure-2 to the writ
application. After his death, the petitioner, being his legal heir,
filed an application before the Licensing Authority (respondent
no. 4) for transfer of the said license in his name in terms of
Rule 25 of the Arms Rules, 2016, which dictates that a
nominated legal heir can inherit the weapon if eligibility
conditions are met.
4. Learned counsel for the petitioner submits that
respondent no. 4, vide Letter No. 866 dated 28.08.2017, directed
the petitioner to remove certain deficiencies in the application.
In compliance thereof, the petitioner submitted Form A-8 (Part
I) along with all required documents. The petitioner’s mother
filed an affidavit granting no objection for issuance of the
license in his favour. The petitioner also submitted no objection
certificates (NOC) from all other legal heirs of his late father,
namely, Ratan Lal Kedia, and furnished a character certificate as
required by respondent no. 4.
Patna High Court CWJC No.7664 of 2025(2) dt.16-02-2026
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5. Learned counsel for the State submits that the
Licensing Authority may be directed to dispose the application
for transfer of the license in favour of the petitioner in
accordance with law.
6. Having regard to the submissions made by the
parties and taking into consideration the nature of prayer made
in the writ application and the fact that the petitioner’s
application for grant/transfer of licence, as the legal heir of the
erstwhile licensee, has been pending since 2017, this Court finds
it appropriate to issue a direction for its expeditious disposal.
7. Accordingly, respondent nos. 4 and 6, are directed
to take a final decision on the petitioner’s application within a
period of six weeks from the date of receipt/production of a
copy of this order, in accordance with law.
8. Accordingly, the present writ application stands
disposed of with aforesaid observation and direction.
(Anil Kumar Sinha, J)
Siwani/-
U
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