THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.29064 of 2008 Date: 22.10.2009 Between: K.Ganesh Rao Mahabubnagar …. Petitioner and Government of Andhra Pradesh Rep. By its Principal Secretary, Home (Arms) Department, Secretariat Buildings, Hyderabad and others …. Respondents ORDER: This writ petition is filed seeking a writ of mandamus declaring the action of the first respondent in issuing Memo No.38137/Arms/2008, dated 17.11.2008 dismissing the appeal filed by the petitioner against the order passed by the second respondent in Proceedings No.H1/104406/2006, dated 19.05.2007, as illegal and arbitrary. According to the petitioner, he was having an Arms Licence bearing No.1/2003 and the same was valid upto 2007. When he approached the second respondent-District Collector, Mahabubnagar and filed an application seeking renewal of the said licence, the District Collector, by order dated 19.05.2007, refused to renew the said licence on the ground that the third respondent-Superintendent of Police, Mahabubnagar did not recommend for renewal of the licence. Aggrieved by the same, the petitioner approached the first respondent- Government and filed an appeal and the Government passed the impugned order dated 17.11.2008 dismissing the said appeal. Hence, this writ petition. Learned counsel for the petitioner submitted that the impugned order dated 17.11.2008 was passed by the Government without giving any opportunity to the petitioner. The learned Government Pleader for Home, on instructions, submitted that the petitioner was given sufficient opportunity and as he failed to appear before the Government, the Government has passed the impugned order ex parte. Heard both sides. Except the submission made by the learned Government Pleader for Home, on instructions, absolutely, there is no material available on record to show that the petitioner was given sufficient opportunity before passing the impugned order. Further, in the impugned order, it is nowhere stated by the Principal Secretary to Government that the petitioner was given sufficient opportunity before passing the same. The impugned order dated 17.11.2008 reads as follows: “Government have examined the request of Sri K.Ganesh Rao in consultation with the District Collector, Mahabubnagar, who has reported that the Superintendent of Police, Mahabubnagar, has not recommended for renewal of Arms Licence No.1/2003 of the applicant and the said Arms Licence was cancelled by the District Collector, Mahabubnagar, vide Letter No.H1/104406/2006, dated 19.05.2007. 2. The District Collector, Mahabubnagar, has also reported that Mahabubnagar District is affected by the Maoist movement and there is every possibility to snatch the weapons available with the Arms Licensee holders by threatening them and also the anti-social elements use the weapons against Government and cause damages to public properties and pose threat to the security of the citizens. 3. After a careful examination of the records in the above case, Government, hereby dismiss the appeal petition of Sri K.Ganesh Rao, keeping in view that the Arms Licensee of the applicant is cancelled by the District Collector, Mahabubnagar, and the same cannot be renewed.” From the above order, it is clear that the petitioner was never informed nor he was given sufficient opportunity to explain as to why his licence requires renewal. Hence, this Court has no hesitation to set aside the impugned order dated 17.11.2008, and the same is accordingly set aside and the matter is remanded to the Government for fresh disposal, in accordance with law, within a period of three months from the date of receipt of a copy of this order. The writ petition is accordingly allowed. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA,J Date: 22.10.2009 Note: Furnish CC by Monday B/o. va