Sayeed Bin Salam, Hyd v. Commr Of Police, Hyd And 2 Othrs

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.6786 of 2014 ORDER:

The prayer sought in the writ petition is as under:- "...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents as illegal and arbitrary in not renewing the petitioners Arms License No.597/Banjara Hills, covered by 2 weapons i.e., 32 NPB Pistol No.77386, and 12 Bore DBBL Gun No.01944-49 and consequently renew the same to call for records; and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

Learned Government Pleader appearing for the respondents 1 to 3 placed on record the written instructions, dated 11.12.2019, issued by the Inspector of Police, Banjara Hills Police Station. 3.

From a perusal of the said written instructions, it is revealed that the petitioner is the holder of Arms License No.597/Banjara Hills, covered by two weapons i.e.(1) .32 NPB Pistol No.77386 by Colt USA (2) 12 Bore DBBL Gun No.01944-49 by Cz. initially issued by the Government of Andhra Pradesh and the same was re-registered and last renewed up to 31.12.2011 by the Deputy Commissioner of Police, West Zone, Hyderabad. The enquiries revealed that the petitioner herein, viz., Syed Bin Salam (License Holder No.597/Banjara Hills) is the brother of notorious rowdy sheeter and land grabber, by name, Ahmed Bin Salam, and the petitioner's licensed weapons are being used for unlawful activities by the petitioner's brother, who has been externed from city, for his involvement in eight criminal cases. In these circumstances,

continuing the gun license is a threat and danger to maintain public peace and tranquility, as there is every possibility of misuse of weapons. It is further mentioned that as recommended by the Inspector of Police, Banjara Hills, and the Deputy Commissioner of Police, West Zone, the Arms License No.597/Banjara Hills was cancelled with immediate effect as per the provisions of Section 17(3)(b) and (d) of Arms Act, 1959, in the interest of public and for the security and public peace and safety and for violation of the license conditions. Accordingly, the Commissioner of Police, Hyderabad, vide proceedings No.L&O/A8/802/2013, dated 27.03.2014, rejected the application of the petitioner for renewal of the arms license. Aggrieved by the said proceedings, the petitioner filed an appeal before the Principal Secretary, Government of Telangana (Home Arms) Department, and the said appeal is pending consideration.

4.

In view of the above said facts, no further cause would survive in the writ petition and the same has become infructuous. 5.

Accordingly, the writ petition is dismissed as infructuous. No order as to costs.

Miscellaneous petitions pending, if any, shall stand dismissed. ___________________ P. KESHAVA RAO, J 12th December 2019 mar