Shardanand Tiwari alias Sardanand Tiwari vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5254 of 2025
CNR No. BRHC010259032025
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Shardanand Tiwari alias Sardanand Tiwari Son of Late Kapildev Tiwari,
Resident of Village - Bharatpura, P.S. - G.B. Nagar, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Govt. of Bihar, Patna.
2. The Divisional Commissioner, Saran at Chapra.
3. The Collector-cum-District Magistrate, Siwan.
4. The Sub Divisional Officer, Siwan.
5. The Superintendent of Police, Siwan.
6. The Sub Divisional Police Officer, Siwan.
7. The S.H.O. G.B. Nagar, P.S., District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Respondent/s : Mr. Sanjay Kumar Azad, SC-29
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 04-11-2026
1. The Writ petition has been filed for
following reliefs:-
1. To issue a writ in the nature of
"Certiorari" to quash the order dated
27.11.2024 / 20.12.2024 passed in
Arms Appeal Case No. 30 of 2024
passed by the learned Court of
Divisional Commissioner, Saran at
Chapra, whereby and whereunder
Appeal directed against Memo No. VII -
85/2022-19 / Arms dated 07.01.2024
passed by the learned District
Magistrate, Siwan by which application
Patna High Court CWJC No.5254 of 2025 dt.04-11-2026
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seeking reinstating granting the Arms
License of Petitioner has been
rejected.
II. To issue a writ in the nature of
Mandamus directing the Respondents
to reinstate / issue/grant Arms License
in favour of the Petitioner to its original
status.
III. To hold and declare that the
impugned orders under reference
passed by the learned Commissioner
Saran at Chapra arising out of order of
the learned District Magistrate, Siwan,
is an order violating the law emanating
from principle of natural justice and
under the mandate of Arms Act 1959.
IV. To hold and declare that the
petitioner has got bonafide
entitlement to retain with Arms
License in terms of the law envisaged
in the Arms Act and law laid-down by
this Hon'ble Court and Hon'ble
Supreme Court.
V. To grant any other relief /
reliefs for which the petitioner is
entitled for and the Hon'ble Court
deems fit and proper.
2. The brief facts, as culled out from the
Writ petition, is that the petitioner is the owner of
one N.P. Bore Rifle bearing No. AB-02-10372 (.315
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Bore), I.F.O., and was bearing Arms Licence No.
32/2002, which was in force. All of a sudden, the
Learned District Magistrate, Siwan, issued a notice
dated 21.10.2010, to the petitioner vide Memo No.
2481, directing him to deposit his licensed Arms
before the concerned Police Station.
3. It is further contended that the license
of Arms of the petitioner was renewed year to year.
The order dated 07.01.2024 passed by the Learned
Arms Magistrate, Siwan, sets up allegations against
petitioner that during period of year 2008 to 2024
after delay of time the renewal of License was
made, for which a show cause notice was called
from the petitioner. On 02.08.2023, the petitioner
gave his reply stating that he had already
deposited challans with relevant papers along with
the petition for the year 2008, 2009 and 2010 for
renewal of his license, which is in old register.
Again on 19.05.2023, the petitioner made an
application with the Arms Magistrate Siwan,
contending that the rifle of petitioner was
deposited in Pali Gun House, Siwan during the
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period of 22.12.2008 to 17.06.2017 and again on
17.06.2017, petitioner has deposited his rifle in
Vivek Gun House, Siwan. Thereafter the petitioner
got the knowledge in the year 2017 that a report
was called of from the Officer in Charge of G.B.
Nagar, Siwan regarding License No. 32/2002,
including the character of petitioner. In turn, a
detail report was submitted before the Arms
Magistrate, Siwan stating that there was no
complaint pending/made against the petitioner.
4. It is the specific contention of the
Learned counsel for the petitioner, orders of the
District Magistrate, Siwan, are vague and do not
have any reasoning as to why renewal of license is
not issued.
5. It is also contended by the Learned
counsel for the petitioner that the petitioner has
preferred an appeal Case No. 30 of 2024, before
the Learned Divisional Commissioner, Saran at
Chapra, who in turn dismissed the appeal vide
order dated 27.11.2024 / 20.12.2024 and being
aggrieved by the same the present Writ petition
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has been filed.
6. A detailed counter affidavit has been
filed by the respondents No. 3 and 4, denying all
the allegations made in the Writ petition. The
contents of the counter affidavit disclose that the
Arms Magistrate Siwan, communicated
cancellation of petitioner’s Arms License No.
32/2022, by the Licensing Authority for non-
renewal for long time back. The impugned orders
attached to the Writ petition which is on record
disclose that the petitioner was given show-cause
notice, but his reply thereto was given and
aggrieved by the same, petitioner has preferred an
appeal before the Divisional Commissioner. The
Divisional Commissioner specifically noted that the
petitioner’s Arms admittedly remained deposited in
the concerned Police Station from 22.12.2008 till
12.06.2017 and again on 17.06.2022 in Vivek Gun
House. The renewal of petitioner’s license has also
remained in abeyance during the said period. The
petitioner did not take serious step to obtain
renewal of his license which is reflective of non-
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requirement of license arms for his safety and
defense. The petitioner did not point out any
incident showing danger to his life and property
during the said period. It appears that the
petitioner wants to keep the arm only for status
symbol.
7. It is the contention of the Learned
counsel for the respondents that the appellate
authority has rightly cancelled the petitioner’s
Arms license and the impugned order is well-
reasoned and therefore, prayed to dismiss the Writ
petition as devoid of merits.
8. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
9. On considering the rival submissions
made by both the parties and upon perusal of the
record, it appears that the petitioner has deposited
the riffle/arm in the concerned Police Station form
22.12.2008 to 12.06.2017 and again on
17.06.2022. There was no renewal for the license
of the arms for period of 2008 to 2017. The record
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also disclose that petitioner has filed challan for
the year of 2008, 2009 and 2010 but not
subsequent to it. The petitioner has not made any
efforts for renewal of the license after 2010. Not
even a particular incident has been mentioned in
the pleadings to show that there is a danger for
his life and property. The petitioner has lived his
peaceful life since the year 2008 till day even in
the absence of arm/riffle.
10. Therefore, this Court is of the
considerable view that there is no error or
irregularity in the order of the Divisional
Commissioner and the District Magistrate.
11. Therefore, the Writ petition is
dismissed as it is devoid of merits.
(G. Anupama Chakravarthy, J)
Aryan/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.11.2026
Transmission Date N/A