The authority revoking a firearms license must provide a proper hearing and record reasons, adhering to natural justice principles.

1. The petitioner has filed the present petition being aggrieved by order dated 31.7.2018 passed by Additional Secretary, Home Department, State of M.P., whereby the licence to run the business of sale and repair of arms and weapons has been cancelled.

2. The petitioner was a registered / licence owner of shop in the name and style of M/s. Badshah Arms engaged in repairing and sale of weapons and has necessary licence Form XI. Before passing of impugned order, he was running his business since 19.5.2007 under the licence which used to be renewed from time to time by the competent authority. He has been granted the licence by respondent No.3 which was valid till 31.12.2018.

3. Petitioner was served with show - cause notice dated 28.11.2017 alleging violation of provisions of Arms Act, 1959 and called upon as to why the proceedings of suspension of licence be not initiated. He was given 7 days' time to submit the response to the said show - cause notice. Immediately, vide order dated 29.11.2017, the Additional District Magistrate has cancelled three TPL / NOC.

4. Being aggrieved by the aforesaid order, petitioner filed W.P. No.21741/2017 before this Court. By order dated 18.12.2017, this Court disposed of the writ petition by permitting the petitioner to file reply to the show - cause notice within a period of two weeks and till then effect of order dated 29.11.2017 was kept in abeyance.

5. Petitioner submitted a detailed reply dated 1.1.2018. Thereafter, vide order dated 31.7.2018, respondent No.1 has cancelled the licence, hence the present writ petition before this Court.

6. After notice, the respondents have filed the return by submitting that an inspection was conducted by respondent No.3 at the shop of the petitioner on 7.11.2017 and during inspection, as many as 10 discrepancies were found and thereafter, inspection report dated 27.11.2017 was submitted. In pursuant to the said report dated 27.11.2017, a show - cause notice dated 28.11.2017 was issued to petitioner. The petitioner submitted the reply and thereafter, respondent No.2 sent a proposal with his comments to respondent No.1 for revocation of licence of the petitioner. The petitioner has not challenged the finding recorded by respondent No.2. On the proposal sent by respondent No.2, the respondent No.1 has cancelled the licence of the petitioner in accordance with S.17 of the Arms Act. The petitioner is having alternative remedy of appeal u/s. 18 of the Arms Act, therefore, the petition is liable to be dismissed.

7. I have heard Shri Sudeep Bhargava, learned counsel appearing for the petitioner and Ms. Bhakti Vyas, learned Govt. Advocate appearing for the respondents / State and perused the material available on record.

8. Shri Sudeep Bhargava, learned counsel for the petitioner, submitted that before passing the order dated 31.7.2018, the petitioner was not given any opportunity of hearing by the licensing authority which is the mandate of S.17 of the Arms Act. The petitioner is running his business successfully since 19.5.2007 and he did not commit any irregularity and he did not violate any terms and conditions of the licence. He filed the detailed and exhaustive reply which has not been considered and by a non - speaking order, his licence has been cancelled. In support of his contention, he has placed reliance over the judgment of Full Bench of Allahabad High Court in the case of Kailash Nath V/s. State of U.P. , AIR 1985 All 291 ; judgment of apex Court in the case of Gullapalli Nageswara Rao V/s. Andhra Pradesh State Road Transport Corporation , AIR 1959 SC 30