Alakuntla Rajashekhar Rao, v. The State Of Telangana And 3 Others

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.16790 of 2019 ORDER:

This writ petition is filed challenging the order in Rc.No.2925/M3-GL/2018, dated 15-09-2018, wherein and whereby the petitioner's application for grant of arms licence is rejected.

Learned counsel for the petitioner submits that the 2nd respondent could not assign any reasons while passing the impugned order, as such the same is without any application of mind.

Learned Assistant Government Pleader for Home produced written instructions stating that on enquiry it is found that there is no threat perception to the petitioner.

A reading of the impugned order goes to show that the impugned order is passed without application of mind.

Sub-Section (3) of Section 14 of Arms Act provides that reasons have to be recorded for dismissal of the application for grant of arms licence and licence can be rejected only within the parameters as envisaged therein. The ground on which application of the petitioner is rejected is not the one as contemplated under Sub-Section (3) of Section 14 of the Arms Act. In view of the same, the impugned order is set aside. The matter is remitted back to the 3rd respondent and the 3rd respondent to reconsider the application of the petitioner and pass orders on the same within a period of four weeks from the date of receipt of a copy of this order. It is learnt that respondents are relying on some documents for rejection of application of the

petitioner, respondents are directed to supply a copy of the same to him before passing any orders on his application. Accordingly, the writ petition is allowed to the extent indicated above. As a sequel, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 20-08-2019 Nvl