Mohd. Sirajuddin Shafiq v. The Dy. Chief Controller Of Explosives,

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25119 OF 2015 ORDER:

Heard.

The petitioner complains inaction on the part of the 1st respondent in considering his request for renewal of his Arms Licence in Form 24, which is stated to be valid up to 31.03.2015. The petitioner states that though he has already paid the requisite fee on 11.03.2015, no orders are passed.

Learned Government Pleader for Home received instructions from the Commissioner of Police, Hyderabad, which inter alia state that though Deputy Chief Controller of Explosives, CGO Complex, Secunderabad, issued licence to the petitioner in Form 24, in view of the amended provisions of Explosive Rules, 2008, the 1st respondent is no more empowered to consider such a request. Under the new rules, the grant of renewal of licence is governed by the Explosive Rules, 1983 and Form-LE-5 is prescribed for earlier Form 24.

It is also stated that a circular was already issued and communicated to all the officials including the petitioner by the Commissioner of Police, Hyderabad, vide Circular Memo No.L&O/A1/479/2015, dated 09.07.2015. Learned counsel for the petitioner was also furnished with a copy of the said circular during the hearing.

In view of the said subsequent development with regard to the amended rules, the relief sought for by the petitioner in the Writ Petition cannot be granted and the petitioner will have to make an appropriate application before the competent authority.

The Writ Petition is accordingly disposed of giving liberty to the petitioner to make an appropriate application before the competent authority. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 01.09.2015 KH