Dr. J.N. Venkat v. The State Of Telangana, Represented By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.31529 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking a direction to the 2nd respondent to renew the Arms license No.699/Jagtial of the petitioner from 15.6.2015 to 14.6.2018 by setting aside the order dated 11.12.2015.

The petitioner applied for renewal of his Arms License bearing No.699/Jagtial for further period of three years on 8.6.2015, which was valid till 15.6.2015 and the said request has been rejected by the 2nd respondent by the impugned order dated 11.12.2015 on the ground that the 3rd respondent has not recommended for further renewal of the arms licence to the petitioner and in fact, recommended it to be cancelled. The Government Pleader for Home, appearing for respondents, on instructions, submitted that the 3rd respondent had reported to the 2nd respondent through his letter dated 28.10.

2015 that there is no specific threat to the life of the petitioner and had not recommended for renewal of licence and that the 2nd respondent on the basis of the recommendation of the 3rd respondent, cancelled the petitioner's arms licence and rejected his application for renewal. Counsel for the petitioner contends that petitioner is Doctor by profession and that he is Ex-General Secretary of Pradesh Congress Committee of United Andhra Pradesh State and that his wife is presently Zilla Parishad Territorial Constituency Member ('ZPTC') of Ibrahimpatnam Mandal of Karimnagar District and that due to political rivalry, there is a threat to his life. He further submits that in similar circumstances, this Court in W.P.No.

petition by order dated 19.09.2016 directing the authorities concerned to renew the arms licence of the petitioner therein. Heard and perused the material available on record. Similar matter fell for consideration in W.P.No.28374 of 2016, wherein this Court while allowing the writ petition directed the authorities to renew the arms licence of the petitioner therein. Following the judgment dated 19.9.2016, this writ petition is allowed and the impugned proceedings of the 2nd respondent dated 11.12.2015 are hereby declared as illegal and contrary to the provisions of the Arms Act, 1959 and the 2nd respondent is directed to renew the petitioner's arms licence within a period of six (6) weeks from the date of receipt of a copy of this order. No costs.

Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 18.10.2016.

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