KALYAN JYOTI SENGUPTA, J. - (1.) BY this petition, a group of petitioners numbering 14 have challenged the several orders passed by the District Magistrate and Licensing Authority, Midnapore, dated 1st April, 1999. The text of all these impugned orders are identically same. By these impugned orders, the licence held by the petitioners for possession of fire-arms have been suspended. It appears from all the aforesaid impugned orders suspending licence that stereotype reasons have been set out in the manner as follows :- "Whereas I have information that there is serious law and order situation in the area under Keshpur Police Station threatening security of life and property of local citizens, and Whereas I have reasons to believe that the fire-arms held in possession by citizens under licence are being extensively used and/or likely to be used in the prevailing situation arising out of clashes between political parties."
(2.) FROM the impugned orders, it appears that the aforesaid licences have been suspended in exercise of the power under Section 17 of the Arms Act, 1959. The learned Lawyer, appearing for the writ petitioners, submits that all these stereotype orders suspending licences for possessions fire-arms, by the Licensing Authority ought not to have been issued as the same is passed without giving any opportunity being heard. He also submits that under Section 17(3) of the Arms Act, 1959, this kind of general order cannot be passed by the District Magistrate and the same is exclusive jurisdiction of the Central Government under Section 17(3) of the aforesaid Act. He also argues that on the self-same facts and circumstances of this case, a learned Single Judge of this Court in a writ petition being No. 9855(W) of 1999 has been pleased to set aside and quash the similar nature of impugned order of suspension of the licence. Therefore, in this case all the aforesaid impugned orders of suspension should be quashed.
(3.) MR . Sanjib Misra, learned Lawyer, appearing for the State-respondents, submits that District Magistrate has passed this impugned order having regard to the adverse law and order situation in the particular area. The situation is so serious that in order to secure the lives and properties of the local citizens, the aforesaid orders of suspension were necessary inasmuch as the District Magistrate reasonably is of opinion that the fire-arms held by the petitioners are being extensively used and/or likely to be used in the prevailing situation arising out of clashes between political parties. He had also handed over a copy of the F.I.R. substantiating the aforesaid bad law and order situation in that area.;