Nitya Nand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7138 of 2025 ====================================================== Nitya Nand Sharma S/o Late Sahjanand Sharma R/o Rusulpur Zilani, Majhaulia Road, P.S.- Muzaffarpur, District- Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Sitamarhi, District- Sitamarhi. 3.

The District Arms Magistrate, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr. Government Pleader (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-07-2026 Heard leaned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ petition has been filed for the following relief(s):- (i) To issue an appropriate orders/directions including preferably in the a writ nature of mandamus commanding and directing upon the respondent No.3 to renew the Arms Licence (D.B.B.L. Gun) of petitioner bearing License No.28/95 subject to payment of prescribed fee U/S 15 of the Arms Act 1955 and taking into the consideration of the fact that the petitioner has approached the said respondent vide applications dated 18.02.2025, 24.02.2025, 10.03.2025 & 17.03.2025 (Annexure P/3) with request to the concerned respondent

Patna High Court CWJC No.7138 of 2025(2) dt.23-07-2026 2/3 authorities for renewal of his license.

(ii) For issuance of writ in the nature of MANDAMUS directing the Respondent Authorities to decide the representation dated 18.02.2025, 24.02.2025, 10.03.2025 & 17.03.2025 (Annexure P/3) vide which the petitioner has requested the Respondent No.-3 for renewal of his Arms License bearing L. No.- 28/95.

(iii) To direct the respondents No.3 to renew the Arms License (D.B.B.L. Gun) bearing License No.28/95 taking into the consideration that previously the license in question was renewed time to time.

(iv) To issue any other suitable writ, order or direction in the facts and circumstances of the case which this Hon'ble Court may deem fit and proper.

3. Learned counsel for the petitioner fairly submits that application for renewal of arms license in the prescribed format has already been filed by the petitioner before the District Magistrate-cum-District Arms Magistrate, Sitamarhi, which is appended to the writ application as Annexure-P/3. However, till date, no action has been taken with regard to the renewal of the arms license. It is next submitted that, as per the provisions of the Arms Act, a license may be renewed for ensuring the safety of life and property upon an application

Patna High Court CWJC No.7138 of 2025(2) dt.23-07-2026 3/3 being made. Despite the latest application having been filed on 17.03.2026, no decision has yet been taken.

4. On the other hand, learned counsel for the State submits that since the application has already been made in the prescribed format, the competent authority is required to adjudicate the same by passing an appropriate order in accordance with law.

5. In view of the submissions made on behalf of the parties, the District Magistrate-cum-District Arms Magistrate, Sitamarhi, is directed to take a final decision on the petitioner's application for renewal of the arms license within a period of eight weeks from the date of representation along with the copy of order passed by this Court. The order so passed shall also be communicated to the petitioner forthwith.

6. With the aforesaid observations and directions, the writ petition stands disposed of.

(Ajit Kumar, J) rajan/- U