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High Court for State of TelanganaWP/12545/2013disposed of no costs

P.Babu Pers v. Government Of Andhra Pradesh,

2019-11-08P.Keshava Rao2 pages

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.12545 of 2013 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader appearing for respondent Nos.1 to 3. 2.

The prayer sought in the writ petition is as under:- "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned Endorsement dt.6-1-2013 issued by the 2nd respondent bearing No.H1/2913/2012 rejecting the request of the petitioner for grant of arms license without considering the life threat to him, as being illegal and arbitrary and consequently set aside the same by directing the respondents to issue the Arms licence to the petitioner herein, and to grant such other..." 3.

From the perusal of the prayer sought in the writ petition, it is evident that the order is appealable before the State Government under Rule 105 of the Arms Rules, 2016.

4.

From the perusal of the affidavit filed in support of the writ petition, it is not disclosed as to how the writ petition is maintainable when an alternative efficacious remedy is available to the petitioner. More so, when the petitioner has not raised the exceptions carved out for filing the writ petition when alternative remedy is available. 5.

In these circumstances, liberty is given to the petitioner to file an appeal against the impugned proceedings before the appropriate authority.

6.

With the above said observations, the writ petition is disposed of.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

___________________ P. KESHAVA RAO, J 8th November 2019 mar