Tony Thomas v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.2 3 5 7 OF 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondents in rejecting the request of the petitioner for renewal of his gun licence bearing No.M'Giri-III/ 100/ 23 vide proceedings No.64/ 754/ Ren/ A1/ Arms/ Cyb/ 2017, dated 08.12.2017, as illegal and arbitrary and consequently, to direct the respondents to release and renew the gun licence of the petitioner. 2 .

Heard learned counsel for the petitioner and the learned Government Pleader for Home, appearing for the respondents, and perused the record.

3 .

Learned counsel for the petitioner would contend that on an application filed by the petitioner for renewal of his gun licence, the authority concerned conducted enquiry and on the ground that the petitioner involved in Crime No.712 of 2017 of Alwal Police Station, registered for the offences punishable under Sections 447, 427, 188 and 506 I.P.C., which was numbered as C.C.No.720 of 2014 on the file of III Additional Junior Civil Judge - cum - XXI Metropolitan Magistrate, Cyberabad at Medchal, the authority concerned refused to renew the gun licence of the petitioner vide the impugned proceedings. Hence, the present Writ Petition is filed.

4 .

It is the case of the respondents that an appeal lies to the Government against the impugned proceedings.

5 .

When a specific remedy is available by way of an appeal to the Government, it is not appropriate to go into the regulations governing the renewal of gun licence.

6 .

Hence, leaving it open to the petitioner to approach the Government by way of an appeal for renewal of his gun licence, the Writ Petition is dismissed.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J April 24, 2019.

MD