IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3172 of 2008 Between: Md.Abdul Qayoom, S/o. Md.Abdul Aziz At Z.P.H.S. Vikarabad, R/o.H.No. 4-8-278, Dhobiwada, Alampally (V), Vikarabad ( Mandal ), Ranga Reddy District. ..... PETITIONER AND The District Collector, Ranga Reddy District at Hyderabad. .....RESPONDENT 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 writ order or direction, more particularly one in the nature of writ of Mandamus declaring the action of respondent in not renewing the petitioner's DBML Gun under original Licence No.189/74 as illegal, arbitrary, unconstitutional, null and void and consequently direct the respondent to renew the Petitioner's DBML Gun Licence 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.K.LAKSHMI MANOHAR Counsel for the Respondent : GP FOR HOME The Court made the following : ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of respondent in not renewing the gun licence bearing Licence No.189 of 1974 granted to the petitioner under the provisions of The Arms Act, 1959, as illegal and arbitrary and consequently direct the respondent to renew the petitioner’s Gun Licence. 2. The petitioner was initially granted licence under the provisions of the Arms Act, 1959 to possess DBML gun under Original Licence No.189 of 1974. It is stated that since 1974 onwards, it was renewed from time to time and on expiry of the licence period, he has submitted an application in the prescribed form on 28th of June 2005 by paying the necessary challan through Challan No.125492 and the same was acknowledged vide receipt No.C/2868/05, dated 28.06.2005, but however, no steps have been taken for renewal of his licence. 3. Earlier, when the matter has come up on 18th of February 2008, it was adjourned to enable the learned Government Pleader to obtain instructions. On instructions, it is submitted that pursuant to receipt of application from the petitioner seeking renewal of his Gun Licence bearing No.189 of 1974, the Superintendent of Police, Ranga Reddy (Rural) at Vikarabad was addressed to send a report on the said application. The Superintendent of Police, Ranga Reddy has submitted his report, stating that the applicant has not come to any adverse notice, but he is using the weapon for protection of his crop from wild animals. In his report, he has not recommended for renewal of the petitioner’s Gun Licence. 4. Though it is alleged by the petitioner that he is using the Gun for protection of his crop from wild animals, after receipt of report from the Superintendent of Police, no orders have been passed so far by the District Collector who is the licensing authority under the Provisions of the Arms Act. It is submitted that the petitioner has also deposited the weapon with the Police on 19th of February 2008. 5. Asmuch as no final orders have been passed by the licensing authority, I dispose of this writ petition directing the respondent to pass appropriate final orders on the application filed by the petitioner, within a period of four weeks from the date of receipt of a copy of this order. However, it is open for the licensing authority to consider the application of the petitioner in the context of the report submitted by the Superintendent of Police. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st February 2008 ajr To 1 The State of Andhra Pradesh, rep. by the Principal Secretary to Government, Home Department, Secretariat Buildings, Secretariat, Hyderabad-500022 2 The Superintendent of Police, Medak District O/o. The Superintendent of Police, Medak at Sangareddy 3 The Station House officer, Hadnoor Police station Nyalkal Mandal,Medak District 4 The Sub Inspector of Police, Hadnoor Police station Nayalkal Mandal, Medak District