Khaja Inkeshaf Uddin Ahmed v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 18157 of 2019 O R D E R :

This writ petition is filed challenging the Memo No.4355/Arms/2019, dt.16.08.2019 of the 1st respondent whereby the appeal filed by the petitioner against the rejection of Arms Licence was dismissed.

Learned counsel for the petitioner submits that only on the ground that the petitioner does not have threat perception, the application of the petitioner for Arms Licence was rejected by the original authority by order dt. 20.03.2019, which was confirmed by the appellate authority by way of impugned order and the same is illegal. He further submits that for grant of Arms License, Arms Act, 1959, provides certain criteria under Sections 13 and 14 of the Arms Act, but, without considering the said parameters, the 2nd respondent passed the impugned order of rejection. He also states that the said rejection order is not based on any of the grounds contained under Section 14 of the Arms Act.

Heard learned Government Pleader for Home who submits that when petitioner does not have threat perception, question of granting Arms Licence does not arise.

This Court had an occasion to deal with the similar issue and allowed WP.No.8711 of 2019, wherein also the application of the petitioner therein for Arms Licence was rejected on the same ground of lack of threat perception. In view of the same, the impugned order passed

in Memo No.4355/Arms/2019, dt.16.08.2019 is set aside and the 2nd respondent is directed to reconsider the application of the petitioner in terms of Section 14 of the Arms Act, 1959.

Accordingly, the Writ Petition is also allowed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 11.09.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18157 of 2019 11.09.2019 tk