Md. Akber Khan v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.27435 of 2018 ORDER:

This writ petition is filed challenging the order in proceedings dated 21-05-2018, wherein and whereby the arms license bearing No.137/Manthini pertains to the petitioner was cancelled.

Learned counsel for the petitioner submits that without following the principles of natural justice, the impugned order has been passed. He also submits that though a case is registered against A-1 in Cr.No.38 of 2017 along with the petitioner and others, no action has been taken regarding arms license of A-1.

A perusal of the impugned order goes to show that no notice was issued to the petitioner before passing the impugned order and his license was cancelled basing on the report of the Superintendent of Police, Jayashankar Bhupalpally in C.No.704/G1-NOC/2018, dated 10-04-2018 stating that a crime was registered against the petitioner in Cr.No.38 of 2017 for the offences punishable under Sections 25(1) (a) and 27 of Indian Arms Act and Sections 353, 189, 429, 143, 144, 506 (ii) 201 read with Section 149 IPC of Mahadevpur Police Station and even in the written instructions also, there is no mention that any notice was issued to the petitioner, except saying that since a crime was registered against the petitioner, who is arrayed as A-4 and arrested on

04-04-2017 and sent to judicial custody, his arms license was cancelled.

It is to be seen that the impugned order is in violation of principles of natural justice and the same is set aside. Accordingly, the writ petition is allowed to the extent indicated above. However, this order will not preclude the competent authority from taking action in accordance with law after issuing notice to the petitioner. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 10-08-2018 Nvl