GANESH PRADHAN Vs. ADDL DISTRICT MAGISTRATE GANJAM

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the validity of an order passed by the District Magistrate of Ganjam, on 24 -12 -59, cancelling the gun license of the petitioner.

(2.) THE Petitioner was prosecuted under Section 25 of the Madras Forest Act and under Section 353 I.P.C. for assaulting a forest guard and charge sheet was submitted. Soon afterwards the Superintendent of Police, Ganjam, in his demi -official letter No. 12234/Cr. dated 22nd December, 1959, requested the District Magistrate to cancel the gun license of the petitioner. The demi -official letter may be quoted in full, -

(3.) SO far as the first contention is concerned there seems to be some conflict amongst the decisions of High Courts as to whether a licensee is entitled to be heard before his license is cancelled under Section 41 -A of the Act, The leading Madras decision on the subject is In re State of Madras, (S) : AIR1957Mad692 which lays down that such an order of cancellation cannot be made unless the licensee is given an opportunity of being heard. But in Kshirode Chandra Pal v. : AIR1956Cal96 a different view has been taken. It is, however, not necessary in this application, to decide this question because it can be disposed of on other grounds,