VEMULU THIMMAPPA Vs. ADDITIONAL DISTRICT MAGISTRATE ANANTAPUR

JUDGEMENT

(1.) This is an application for the issue of a writ of certiorari or any other appropriate direction quashing the order of the Additional District Magistrate, Anantapur, in his proceedings R.Dis.M.2210/53-C-2, dated 14th August, 1953. The petitioner applied for and obtained a licence to possess a S.B.B.L. gun in the year 1952. It appears from the counter-affidavit filed by the Additional District Magistrate (I), Anantapur, that there were several complaints against the petitioner and an enquiry was made into those complaints. On the 14th of August 1953, the respondent passed an order in his proceedings R.Dis.M.2210/53-C-2, cancelling the licence of the petitioner. It is contended for the petitioner that the order cancelling the licence is illegal as the petitioner was not given an opportunity to show cause against the cancellation of the licence and that the order of the Additional District Magistrate, which does not assign any reasons for the cancellation of the licence, is illegal and arbitrary.

(2.) On behalf of the respondent it has been contended that the order sought to be quashed is neither a judicial not a quasi-judicial order but is a mere administrative one. It is admitted that the petitioner has not been given an opportunity but the reasons for such omission have been mentioned to be that such a procedure has not been prescribed under the Arms Act or the Rules issued thereunder and secondly that the cancellation of a licence is so intimately connected with the maintenance of law and order that it is inexpedient to give notice to show cause against the cancellation of the licence.

(3.) Section 18 of the Arms Act runs thus :-