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2026 DAILYLAW 24710 (CHH)

ASLAM KHAN v. STATE OF CHHATTISGARH

WPC/3379/2026 · 2026-07-02

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:27362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3379 of 2026 Aslam Khan S/o Shri Ali Hasan, aged about 41 years, Chief Judicial Magistrate, presently posted at Bilaspur Chhattisgarh, R/o B-51, Civil Line, Link Road, Bilaspur, Chhattisgarh 495001. ... Petitioner Versus 1 - State of Chhattisgarh, through- its Secretary, Department Of Home Affairs, Government Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh. 2 - Collector Office of the Collector, District Raipur Chhattisgarh. ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Devashish Tiwari, Advocate. For State/Respondents : Mr. Arham Siddiqui, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/07/2026 1. Heard. 2. The petitioner has filed the instant petition for following reliefs:- “10.1 Issue an appropriate writ, order, or direction commanding the Respondents to decide the Petitioner’s application for grant of a revolver/pistol arms licence, along with the representation dated 26.04.2023, expeditiously and preferably within a period of four (4) weeks from the date of receipt of the order of this Hon’ble Court; and Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 10.2 Pass any other order that this Hon’ble Court deems fit and proper in the interest of justice.” 3. Brief facts of the case are that the petitioner is presently serving as the Chief Judicial Magistrate, Bilaspur, Chhattisgarh. Owing to the nature of his judicial duties and his frequent travel to his native village in District Bhind, Madhya Pradesh, he applied in the year 2019 before the Collector & District Magistrate, Raipur, for the grant of a revolver/pistol arms licence in Form III for the purpose of self-defence. During the course of processing of the application, favourable reports were received from the Senior Superintendent of Police, Raipur, and the Sub-Divisional Magistrate (Revenue), Raipur. However, despite completion of all requisite formalities and the lapse of more than five years, no order has been passed on the petitioner's application, contrary to Rule 13 of the Arms Rules, 2016, which mandates disposal of such application within 60 days from the receipt of the police report. The petitioner also submitted a representation dated 07.10.2025 before the Secretary, Department of Home Affairs, Government of Chhattisgarh, seeking expeditious disposal of his application, but the same has also remained undecided. Hence, the present petition. 4. Learned counsel for the petitioner submits that the application was filed way back in the year 2019, however, till date the application for grant of arms licence has not been granted to the petitioner. He further submits that a communication has been made from the concerned A.D.M. to the Secretary, Home Department way back 3 in the year 2019 itself, however, after expiry of more than six years it has not been decided. 5. Learned counsel for the State submits that the pending application of the petitioner for grant of arms licence will be decided within a period of 30 days from the date of receipt of copy of this order. 6. Considering the submission made by learned State counsel, and without expressing any opinion on the merits of the petitioner's claim, this Court deems it appropriate to direct the competent Licensing Authority to consider and decide the petitioner's pending application for grant of an arms licence, strictly in accordance with law, by passing a reasoned and speaking order, within a period of 30 days from the date of receipt of a certified copy of this order. In the event there is no legal impediment and the petitioner is found entitled in accordance with the provisions of the Arms Act, 1959 and the Arms Rules, 2016, the competent authority shall take consequential steps for grant of the arms licence within the aforesaid period. 7. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju