Sinha, J. - (1.) The facts in this case are shortly as follows:
(2.) The petitioner applied for and obtained from the District Magistrate, Hooghly, in 1934, a gun licence being licence No. 81/66 in respect of S.B.B.L. Gun No. 27232. This licence was being renewed from year to year. In the year 1953, the petitioner was also granted another licence No, 211, for a 32 Bore Revolver No. A-63460. This licence has also been renewed from year to year. On 20-8-1954, the petitioner was served by a notice issued by the District Magistrate, Hooghly, which is as follows: "Whereas it appears that you being holder of fire-arm licence did not come out and made no attempt to resist the dacoits who raided the house of Sri Ashutosh Pal of the same village on 13-7-54 though requested by Chowkidar Kishori Malik and another choukidar while the dacoity was in progress and if you would have come out this dacoity could have been averted. You are, therefore, directed to show cause before me within 15 days from the receipt of the notice why your licences should not be cancelled."
(3.) The petitioner showed cause. He, of course, did not admit the facts as stated in the notice. According to the petitioner, his house is far away from the place where the dacoity took place and he says that at the dead of night he woke up from sleep on hearing sounds of distant gun shots and came out of his house as far as the gate, where the only person he met was his own Gomasta who informed him that there was a dacoity In the village and that the dacoits had already left. He also said that he could not surmise the direction in which they had left. He denies that he was at any time requested by any choukidar for assistance. He has repeated his denial in the petition here, but there is no affidavit in opposition by any of the Chowkidars..;