P.B.Mukharji, J. - (1.) This is an application under Article 226 of the Constitution by Sardar Chanda Singh of Burdwan. The purpose of this application is to get a revolver licence. The applicant asks for the writ of mandamus and Certiorari against the orders of the District Magistrate and the Commissioner of the Burdwan Division refusing to issue any revolver licence to the petitioner.
(2.) The facts are short and brief. On 1st May, 1957, a notice was issued to the petitioner by the District Magistrate, Burdwan, stating; "Whereas it appears from police report copy of which is enclosed that you are not a suitable person to hold revolver licence, you are therefore directed to show cause by 6-5-57 why your revolver licence shall not be cancelled on the grounds stated therein in the interest of public safety." The police report stated: "Sardar Chanda Singh and Babu Singh, sons of Mostama Singh of G. T. Road, Burdwan, are accused of a gruesome murder (vide Burdwan P. S. Case No. 27 dated 12-1-57 Under Section 148/302, I. P. C.). These two persons had guns which were seized in the case. These persons are dangerous and desperate, having no regard for law and order. There were several other incidents of highhandedness of these two persons and that they were prosecuted against Under Section 107/117 (3), Cr. P. C. These two persons are holders of non-prohibited bore revolvers. There is every chance of loss of life, if these persons are allowed to retain revolvers with them. Under the above circumstances I pray that their licences to keep revolvers may kindly be cancelled. I may be permitted to seize the revolvers." This was the report of the Burdwan police station to the District Magistrate of Burdwan through the Superintendent of Police. To that notice the petitioner showed cause. The gist of that reply of the petitioner is that in fact they were innocent although these criminal proceedings were admitted.
(3.) Thereupon the District Magistrate by an order dated 25th May, 1957, issued the following order : "In view of the circumstances pointed out therein, the revolver licences of Chanda Singh and Babu Singh are cancelled for public safety and order.";