Wanchoo, J.

[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.

[4] The first question, that calls for consideration in this case, is whether there is any right in the applicant to enable him to maintain a writ petition. In the - State of Orissa v. Madan Gopal Rungta , it was held that the issuing of writs or directions by the High Court is founded only on its decision that a right of the-aggrieved party under Part III of the Constitution has been infringed. It can also issue writs or give similar directions for any other purpose. But, in any case, the existence of the right is the foundation of the exercise of jurisdiction of the Court under this article. It is urged on behalf of the State that the applicant has no right, and the grant of a license to him was a mere privilege which could be withdrawn at any moment without notice. Reliance in this connection was placed on - Nakkuda Ali v. M. F. De S. Jayaratne 54 Cal WN 883 (PC) (B). In that case, the Controller of Textiles, acting under Regulation 62 of Defence (Control of Textiles) Regulations of Ceylon, cancelled a. license for carrying on business in textiles; it was held that the Controller was merely taking executive action to withdraw a privilege. It was further held that that apart, no procedure was laid down by the Regulation for securing that the license-holder was to have notice of the Controller's intention to revoke the license, or that there must be any enquiry, public or private, before the Controller acts. On this view their Lordships of the Privy Council refused to interfere. We shall deal with the question whether it was necessary to hear the applicant in any form before cancelling the license later. The first question is whether the applicant has any right to hold and possess a gun or whether such holding or possession is only a privilege afforded under the Arms