P.Chinnaiah v. The State Of A.P.

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.21492 of 2018 ORDER:

In this Writ Petition, under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus declaring the action of the respondents in not considering the representation, dated 06.04.2018, for renewal of Arm (Gun) licence bearing No.A/126/12/SML as illegal, arbitrary and unconstitutional. A consequential relief to direct the respondents to return the weapon after renewing the licence is also sought.

2.

I have heard the submissions of Sri V.Siva Prasad Reddy, learned counsel appearing for the petitioner, of the learned Government Pleader for Home (A.P.) appearing for the respondents 1, 3 & 4; and, of the learned Government Pleader for Revenue (A.P.) appearing for the 2nd respondent. I have perused the material record.

3.

Learned counsel for the petitioner submits that earlier in the year 1998, when the 1st respondent has suspended Arm licences in Chittoor District for more than one-and-a-half (1 1⁄2) year and started indefinitely extending the period of suspension on the Arm licences, the petitioner and others, who possessed Arm licences challenged the suspensions of Arm's licences in W.P.No.34332 of 1998; however, the present writ petition is filed challenging the action of the respondents in not renewing the subject Arm's licence of the petitioner despite several applications and the final application, dated 06.04.2018, and payment of required fee to the 2nd respondent.

MSRM, J W.P.No.21492 of 2018 4.

Learned Government Pleader for Home submits that no acknowledgement or endorsement showing the submission of the representation, dated 06.04.2018, is filed along with the material papers.

5.

Learned counsel for the petitioner submits that if a direction is given to the petitioner to submit a fresh representation for the desired purpose and the 2nd respondent is also directed to consider and dispose of the same within a time frame, the ends of justice would be met.

6.

Recording the submissions, the Writ Petition is disposed of reserving liberty to the petitioner to submit a fresh representation for the desired purpose. It is made clear that in the event the petitioner makes such a representation, the 2nd respondent shall consider and dispose of the same in strict accordance with the procedure established by law, however, within four (04) months from the date of receipt of such representation and communicate the decision taken thereon to the petitioner within a week thereafter. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed.

______________________________ M.SEETHARAMA MURTI, J Date: 26th June, 2018 KL

MSRM, J W.P.No.21492 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.21492 of 2018 Date: 26th June, 2018 KL