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 such actions.

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 petitioner has never misused his arms against which a license has been issued by the competent authority.

3. After receiving the arms license from the competent authority, the petitioner purchased one Pistol bearing No.19-02- 12464 by GSF (IOF) Ashu Tosh Daw and Co., Arms and Ammunition Dealers, Ranihat, Cuttack. After acquiring the arms, the Petitioner produced the same before the Deputy Collector, Khordha for necessary verification. Since the arms license issued in favor of the Petitioner was valid up to 13.8.2022, the Petitioner applied for the renewal thereof. However, such application of renewal of his arms license was rejected by the A.D.M., Khordha- Opposite Party No.3 by order dated 28.3.2023, at Annexure-2, and, accordingly, the arms license of the petitioner was cancelled.

4. On perusal of order dated 28/3/2023 at Annexure-2, this Court observes that Petitioner’s prayer for renewal of the arms license was cancelled by the Opposite Party No.3 on the basis of a report of the S.P, Khordha-Opposite Party No.4, which had stated that the Petitioner is involved in a criminal case bearing Khordha Model P.S Case No.350 of 2022, which was registered for alleged commission of offence punishable under Sections 379 /411/413/120-B/34 of IPC , read with Section 21 of the OMMDR Act . After cancellation of his license, the Petitioner initially approached this court by filing W.P.(C) No.11815 of 2023 on the ground that before cancelling his license the Petitioner was not provided with any opportunity of hearing in pursuance to the principles of natural justice. The said writ application was disposed of by this Court with liberty to the Petitioner to challenge the cancellation order at Annexure-2 by filing an appeal under Section 18 of the Arms Act before the RDC (CD), Cuttack.

5. After disposal of the earlier writ application, the Petitioner preferred an appeal before the appellate authority, i.e., RDC (CD), Cuttack which was registered as Arms Appeal Case No.2 of 2023. The appeal preferred by the Petitioner in the year 2023 was disposed of by the appellate authority by virtue of the impugned order dated 30.5.2025 passed by the Opposite Party No.1. Being aggrieved by such rejection of his arms license, the Petitioner has approached this court by filing the present writ petition.

6. The Opposite Party Nos.2 and 3 have jointly filed a counter affidavit defending the