YADUNANDAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) -The petitioner in this writ application has made a prayer to quash an order of the State Government rejecting the application for renewal of the licences under the Arms Act (hereinafter referred to as the Act) and cancelling the licences which had been granted to the petitioner, which was communicated to the petitioner under letter dated 24-11-1978 by the Under-Secretary to the State Government (respondent No. 2). A copy of that communication is annexure I to the writ application.

(2.) According to the petitioner, he is an arms dealer and was holding licences under Forms XI and -XII being licence nos. 4/1967 and 6/1975, respectively, issued to him in accordance with the provisions of the said Act. After the expiry of the period for which the licences had been granted, the petitioner made an application for renewal thereof, and that application as already stated above, was rejected by the State Government. According to the petitioner, the said order has been passed against the principle of natural justice because neither any reason has been mentioned in the order nor the petitioner was given any opportunity to show cause.

(3.) Section 3 of the Act provides that no person shall acquire, have in his possession, or carry any fire-arm or ammunition unless he holds licence issued in accordance with the Act and Rules made thereunder. Section 13 contains as to how a licence is to be granted by the licensing authority. Section 14 vests power in the licensing authority to refuse licence to an applicant. Sub-section (3) of section 14 is as follows :-