THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.17348 of 2009 ORDER: 1 As the petitioner was having threat from naxalites he made an application to the first respondent and accordingly the first respondent by his proceedings dated 23.02.2006 granted licence to the petitioner to possess 1) NPB Pistol 32765 mm, 2) SB Rifle – 8 mm and 3) DBBL Gun – 12 Bore and the same was renewed from time to time. However, the Collector and District Magistrate, without issuing any notice to the petitioner, simply on the basis of a report submitted by the Superintendent of Police dated 12.05.2009, cancelled the said licence. The same is questioned in this Writ Petition. 2 On instructions, the learned Assistant Government Pleader submitted that the petitioner is a factionist and he is involved in offences falling under Arms Act etc and hence it necessitated the Superintendent of Police to report the matter to the Collector, who in turn, issued the proceedings dated 13.07.2009 cancelling the said licences. 3 From a perusal of the order dated 13.07.2009 impugned in this Writ Petition it is clear that the Collector and the District Magistrate, without issuing any notice calling for an explanation from the petitioner, had, straight away cancelled the said licences issued on 23.02.2006. In my considered view, the same is violative of principles of natural justice. When once a report is received by the Collector stating that the petitioner is a factionist and is involved in unlawful activities, no doubt, the authority has the power to suspend the licences. But when once the Collector wants to cancel the said licence, he should have put the petitioner on notice and called for an explanation as to why his licences shall not be revoked. As the said exercise has not been done, and the procedure prescribed is not followed, it can definitely be said that the said action of the Collector is violative of principles of natural justice. 4 Accordingly, the Writ Petition is allowed and the proceedings issued by the Collector dated 13.07.2009 impugned in this Writ Petition is hereby set aside. However, it does not prohibit the Collector to pass appropriate orders after following due procedure under law. No order as to costs. ------------- 29.10.2009 kvsn