IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 24033 of 2007 Between: Lingal Nagabhushanam, S/o. Narasimha Dass, R/o. H.No. 28-112, Vidya Nagar, Miryalaguda, Dist: Nalgonda. ..... PETITIONER AND 1 District Collector, and Magistrate, District Nalgonda. 2 Sub Inspector of Police Miryalguda, District Nalgonda. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents in re-delivering the personal 32 Revolver No. 7140, B.No. 06/ML4/1978, since 17-4-1979, as illegal, arbitrary and without jurisdiction, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.R.SATYANARAYANA REDDY Counsel for the Respondents.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No : 24033 of 2007 ORDER: The singular grievance in the writ petition is that the respondents have not returned the .32 bore revolver No. 7140 and B. No. 06/ML4/1978, dated 17.4.1979, to the petitioner. The petitioner surrendered the revolver to the 2nd respondent during the Assembly Elections in 1999. After the election process is over, the petitioner claims to have made a number of written and oral representations to the Superintendent of Police and the second respondent. But the respondents have not taken any action to return the revolver, is the grievance. The Inspector of Police, Miryalaguda has filed a counter affidavit wherein it is admitted that the petitioner’s revolver is in safe custody with the answering respondent consequent on its deposit during the Assembly Elections in 1999. It is also admitted that no cases are pending against the petitioner. It is however pleaded Nalgonda District has an infested extremist problem. Though it is stated that there is no threat to the life of the petitioner, the counter however, would assert that if the revolver was released in favour of the petitioner, there is every likelihood that the extremists would seize the weapon from the hands of the petitioner. It is further stated that there is no representation from the petitioner for release of the revolver. In the circumstances stated in the counter affidavit, to which there is no rebuttal by the petitioner, the writ petition is disposed of enabling the petitioner to submit a formal representation to the appropriate and competent authority for release of the revolver. On such representation being made, the addressee will expeditiously take an appropriate decision and intimate the same to the petitioner by Registered Post Acknowledgment Due. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 1st July, 2008 pnb To 1 The District Collector and Magistrate, District Nalgonda. 2 The Sub Inspector of Police Miryalguda, District Nalgonda. 3 2 C.Cs. to the Govt. Pleader for Home, High Court Buildings, Hyderabad. 4 Two C.D. copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER