Bombay High Court

MANIK HARICHANDRA PHADversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

Revocation of an arms licence without serving a show‑cause notice and providing a hearing violates natural‑justice principles and is therefore invalid.

Summary

The petitioner, Manik Harichandra Phad, had been issued an arms licence on 20 June 2024, which was later revoked by the District Magistrate of Beed under Section 17 of the Indian Arms Act, 1959. The petitioner challenged the revocation, contending that he was not served a show‑cause notice nor given an opportunity to be heard, thereby breaching natural‑justice principles. The State relied on a police report alleging breaches of the licence conditions and cited Rule 53 of the Arms Rules, 2016 as the basis for revocation. The Court examined Section 17(3)(d) and noted the absence of any notice or hearing, finding the revocation procedurally defective. Consequently, the Court held that the order was a gross violation of natural justice and set it aside, allowing the writ petition. The judgment emphasized that any future invocation of Section 17 must follow due process of law.

Issues considered

Whether the revocation of an arms licence under Section 17 of the Indian Arms Act, 1959 without a show‑cause notice and hearing violates the principles of natural justice.
Whether the District Magistrate’s reliance on Rule 53 of the Arms Rules, 2016, without specifying the petitioner’s breach, suffices for revocation.

Legislation cited

Arms Act, 1959 — s. 17
Arms Rules, 2016 — s. Rule 53

Subjects

Arms licence
Revocation
Natural justice
Due process
Section 17
Arms Rules 2016
Writ petition
Administrative law

Judgment

2026:BHC-AUG:1547
                                          (1)                      957-wp-15216-2025.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                             WRIT PETITION NO. 15216 OF 2025

                                MANIK HARICHANDRA PHAD
                                          VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
                                        AND OTHERS
                                             ...
               Mr. Sidhesh V. Jadhwar, Advocate for the Petitioner.
               Mr. K. N. Lokhande, AGP for Respondents-State.
                                             ...
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                       DATED : 13th JANUARY, 2026.
               P.C.:-

               1.    The petitioner impugns order dated 06.01.2025 passed by

               District Magistrate, Beed, thereby cancelling/revoking Arms

               License No.2024/BR/2008 issued in favour of petitioner.


               2.    Mr. Sidhesh Jadhavar, learned Advocate appearing for

               petitioner submits that petitioner has been granted arms license on

               20.06.2024.     However, by impugned order same has been

               cancelled/revoked in exercise of powers conferred under Section 17

               of Indian Arms Act, 1959. He further submits that petitioner was

               not given notice or opportunity of hearing before passing impugned

               order. As such, order is contrary to principles of natural justice

               and procedure contemplated under law.           In support of his

               contentions he relies upon observations of this Court in case of

               Sachin Bhagwatrao Sanap Vs. The State of Maharashtra

               and    Others    decided     on   12.06.2025   in   Writ       Petition

               No.2658/2025.
                          (2)                       957-wp-15216-2025.odt



3.   Per contra, learned AGP relying upon affidavit-in-reply filed

by Mr. Riyaj Shaikhlal Shaikh, Police Sub-Inspector, Parali (Rural)

submits that petitioner has breached conditions of fire arm license.

There are four crimes registered against him.             Considering

criminal antecedents, report was submitted to District Collector by

police authorities. Eventually, impugned order is passed.


4.   Having    considered       submissions   advanced    by     learned

Advocates appearing for respective parties, it can be observed that

Section 17 of Indian Arms Act provides for revocation of license.

Apparently, there is nothing on record to show that petitioner was

served with show cause notice or opportunity of hearing was given

to him.   Sub-cause (3) of Section 17 provides that Licensing

Authority may revoke license for reasons as enumerated in Clause

Nos.3(a) to 3(e).   Section 17(3)(d) suggests that in case license

holder breached or contravened conditions of license, Licensing

Authority may revoke the same.


5.   Perusal of impugned order shows that revocation of license is

attributed to breach of Rule 53 of Arms Rules, 2016. Rule 53 deals

with “Application for a license in Form VII”. The order nowhere

states as to how petitioner is guilty of breach of Rule 53 of Arms

Rules, 2016. It appears that, District Collector has merely relied

upon report made by Police Station Parali. However, petitioner
                            (3)                      957-wp-15216-2025.odt



was never heard in respect of averments made in police report or

he was not served with copy of such police report.


6.      In that view of matter, order impugned is in gross violation of

principles of natural justice and cannot be sustained in law. Hence

following order:

                                  ORDER
a.      Writ Petition is allowed in terms of prayer Clause (B).


b.      Needless to mention here that if respondents have valid

reason to invoke provisions under Section 17 of Indian Arms Act,

1959, they are at liberty to do so by following due process of law.



                                       (S. G. CHAPALGAONKAR)
                                                JUDGE
Devendra/January-2026

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