Shivendra Kumar v. The State Of Bihar Through The Home Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1117 of 2025 ====================================================== Shivendra Kumar Son of Late Mahavir Sharma Resident of Village - Khudwan, P.S. - Khudwan, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Magadh Division, Gaya. 3.

District Magistrate, Aurangabad.

4.

Superintendent of Police, Aurangabad.

5.

Additional District Magistrate, (Arms), Aurangabad. 6.

District Arms Magistrate, Aurangabad.

7.

Sub- Divisional Officer, Aurangabad.

8.

S.H.O. Khudwan Police Station, District - Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Manisha Pandey For the Respondent/s :

Mr. Raghwendra Kumar, Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-06-2026 Re:- I.A. No.01 of 2025 This interlocutory application has been filed for amending the prayer by amending the paragraph-1 of the writ application and to seek quashing of the order dated 07.05.2025, as contained in Memo No.1168/ Arms of Case No.63 of 2019, passed by the District Magistrate, Aurangabad, whereby the application for addition of N.P. Bore Rifle in existing N.P. Bore Rifle Pistol No.02/2015 has been arbitrarily rejected, despite the matter being sub judice.

2. Having heard learned counsel for the parties, as

Patna High Court CWJC No.1117 of 2025(3) dt.25-06-2026 2/3 the present Interlocutory Application being formal in nature, is not opposed, and hence is allowed.

3. Accordingly, I.A. No.1/2025 stands disposed of. Re:- CWJC No.1117 of 2025

4. Learned counsel for the petitioner submits that the writ application was originally filed seeking a direction upon the respondents to consider and dispose of the representation dated 09.12.2024 submitted before the District Magistrate, Aurangabad (respondent no. 3) for addition of a rifle licence in the existing pistol licence, in the light of the judgment of this Court in Aakash Gaurav vs. State of Bihar & Ors., reported in BLJ 2019 (1) 697. It is submitted that in the said judgment, this Court has observed that an application for addition of arms in an existing licence ought to be considered within a period of seven days from the date of filing of such application.

5. In view of the fact that an order has now been passed by the District Magistrate, Aurangabad, the petitioner has a fresh cause of action to challenge the said order in an appropriate proceeding.

6. Accordingly, the writ application stands disposed of.

7. The petitioner shall be at liberty to file a

Patna High Court CWJC No.1117 of 2025(3) dt.25-06-2026 3/3 representation before the competent authority along with the judgments on which he seeks to place reliance against the rejection order. In the event the representation is not considered or the petitioner remains aggrieved by the decision taken thereon, he shall be at liberty to avail such remedy as may be available under the provisions of the Arms Act or to take recourse to any other remedy available in law. (Ajit Kumar, J) shikha/- U