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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Sambit Padhy @ Padhi – Appellant
Versus
Revenue Divisional Commissioner (Central Division), Cuttack – Respondent
JUDGMENT :
A.K. Mohapatra, J.
1. By filing the present writ application under Article 226 and 227 of the Constitution of India, the Petitioner has approached this court with a prayer for quashing of the impugned order dated 30.05.2025 at Annexure-1 by the RDC (CD), Cuttack-Opposite Party No.1 in Arms Appeal No.2 of 2023 thereby affirming order dated 28.03.2023 issued by the Additional District Magistrate, Khordha-Opposite Party No.3, cancelling the arms license of the Petitioner at Annexure-2. The Petitioner has also prayed for a direction to the Opposite Parties to renew the Arms License No.6/2019 issued in his favor by the competent authority under the Arms Act, 1959.
2. The factual background of the present writ application, bereft of all unnecessary details, in short, is that the Petitioner, who is a businessman of repute in the district of Khordha, he had applied for an arms license to the District Magistrate, Khordha in the year 2019, due to his necessity. The A.D.M, Khordha, after following the procedure as prescribed in the Arms Act and the rules framed thereunder, issued the arms license authorizing the Petitioner to keep arms for his personal security. Ever since, the petit
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
Mere pendency of a criminal case does not justify cancellation of an arms license under the Arms Act; a substantial threat to public safety must be demonstrated for revocation.
Mere involvement in a criminal case does not justify cancellation of a firearm license under the Arms Act; evidence of the license holder's misuse is required.
The main legal point established in the judgment is that the revocation of an arms license must be based on specific reasons as outlined in the Arms Act, and the mere registration of FIRs is irreleva....
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