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Patna High CourtCWJC/9104/2026disposed

Sanjeet Kumar v. The State Of Bihar

2026-07-16Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9104 of 2026 ====================================================== Sanjeet Kumar Son of Yadunandan Ray, Resident of Village- Gorigama, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Vaishali at Hajipur,. 3.

The Superintendent of Police, Vaishali at Hajipur. 4.

The Arms Magistrate, Vaishali at Hajipur.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Respondent/s :

Mr. Standing Counsel (12) Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned Standing Counsel-12 for the State.

2. The instant writ petition has been filed for the following relief(s):- (A) A writ in the nature of Mandamus or any other appropriate writ/s, order/s, direction/s directing the Respondents for the following:- (i) To issue forthwith Arms License of Rifle/Hand Gun (Revolver/Pistol) to the petitioner in response to this application filed on 04.02.2020 before the Respondent No. 4 (ii) To hold that sitting over the matter relating to issuing of Arms License of Rifle/Hand Gun (Revolver/Pistol) is gross case of inaction, non-exercise of power and unfair act on the part of License Authority.

Patna High Court CWJC No.9104 of 2026(2) dt.16-07-2026 2/3 (B) To any other relief/s which the petitioner is found entitled to.

3. Learned counsel for the petitioner submits that the application for grant of license is pending since 04.02.2020 and on non-consideration for his application, the petitioner had to take recourses by filing writ petition before this Court vide CWJC No. 1676 of 2024 in which vide order dated 19.02.2024, this Court directed the District Magistrate, Vaishali at Hajipur to consider his pending application for grant of arms license by passing the following order :- "2. The application for grant of arms license is under consideration by the respondents.

3. The pending application of the petitioner for grant of arms license shall be disposed of by the District Magistrate, Vaishali at Hajipur in accordance with law.

4. The direction of disposal will not mean that the petitioner shall be granted arms license by the authority.

5. With the aforesaid observation and direction, this application is disposed of."

4. It is very surprising that despite orders having been passed by this Court on 19.02.2024, District Magistrate, Vaishali at Hajipur has till date not adjudicated the claim and passed appropriate order on the application filed by this petitioner. It has further been submitted that the petitioner being a public

Patna High Court CWJC No.9104 of 2026(2) dt.16-07-2026 3/3 representative and in view of the letter of Department of Home (Police) as contained in Memo No. 7851 dated 24.06.2025, the District Magistrate is required to keep at priority and consider the claim for grant of arms license but the application which is placed for consideration is pending for unexplained reason.

5. Considering the stand of the parties, District Magistrate, Vaishali at Hajipur is directed to consider the claim of this petitioner for grant of arms license in the light of the letter issued by Department of Home (Police) as contained in Memo No. 7851 dated 24.06.2025 within a period of six weeks from today. The petitioner is given liberty to file an interlocutory application for revival of his writ petition, in case, the District Magistrate, Vaishali at Hajipur fails to comply the directions issued in the case. Upon such interlocutory application being filed, this Court will pass appropriate order against the District Magistrate, Vaishali at Hajipur.

6. Accordingly, this instant writ petition stands disposed of.

(Ajit Kumar, J) rajan/- U