MOTI MIYAN Vs. COMMISSIONERINDORE DIVISION

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution of India the petitioner moves for the issue of a writ of certiorari for quashing an order of the District Magistrate, Nimar, refusing to renew for the year 1958 the gun licence held by the petitioner and for quashing the order of the Commissioner, Indore Division, upholding the order of the District Magistrate. The petitioner also seeks a writ of mandamus to the District Magistrate, Nimar, for the renewal of his gun licence for the year 1958 and subsequent years.

(2.) The petitioner states that he comes of a very ancient, respectable and loyal family of Nimar; that ever since 1935 right up to 30-3-1957 he held a gun licence; and that in 1957 when he again applied for the renewal of the licence under Rule 41 of the Indian Arms Rules, 1951, the District Magistrate of Nimar without holding any enquiry and without giving him an opportunity of hearing refused to renew the licence by an order dated 27-4-1957. According to the petitioner, the order did not state the reasons for the refusal. The petitioner then preferred an appeal before the Commissioner, Indore Division, against the order of the District Magistrate, Nimar. The learned Commissioner upheld the District Magistrate's order of refusal.

(3.) The District Magistrate refused to renew the petitioner's licence after satisfying himself on the basis of a police report and enquiries made by himself that the petitioner was 'an ex-history sheeter and a notorious' person and that it would not be in the interests of the public to renew his licence. The Commissioner considered all these grounds as valid for refusal to renew the licence.