KISHORE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Kishore Singh for the issue of an appropriate writ, direction or order against the State of Rajasthan, and the District Magistrate of Nagaur, after quashing an order under the Arms Act.

(2.) THE case of the applicant is that he possessed a rifle and a 12 bore gun, and held licenses for the same under the law. On 19-5-1953, the District Magistrate of Nagaur ordered, under Section 18, Arms Act, that the two licenses be cancelled with immediate effect. This order was passed without giving any hearing whatsoever to the applicant, and without giving him an opportunity to appear and show cause against such an order being passed against him, and without informing him in any way of the proposed order. The applicant made an approach to the Commissioner, Jodhpur, in this connection, but got no redress. The applicant re- lied on the principles of natural justice that no man shall be dealt with by any authority to his material disadvantage without fair and adequate notice being given to him of what is alleged to be done to his detriment, and without giving him an opportunity of meeting the charge against him. As the District Magistrate passed the order in disregard of the principles of natural justice, the order should be quashed.

(3.) THE application has been opposed on behalf of the State. It is urged that an enquiry into the conduct of the petitioner was made. , and in the course of that enquiry the applicant was interrogated; but the law did not require that any notice should be issued to the applicant asking him to show cause why the license should not be cancelled under Section 18, and therefore that was not done. It was further urged that the principles of natural justice, on which the applicant relied did not apply to matter of a purely executive nature, specially when action has to be taken in the interest of public peace and security. It was further urged that the question of giving or refusing or cancelling licenses was a purely executive act within the discretion of the appropriate authorities, and therefore the-order cancelling the licenses was not open to challenge on any of the grounds set forth in the application.