IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25586 of 2005 Between: Hussain Bin Sadullah, S/o.Sadullah Bin Dayam @ Abdul Samad, R/o.H.No.22-3-188 and 189 Darabjung Gally, Inside yakuthpura, Etabar, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad City, Hyderabad. 2 The Deputy Commissioner of Police, South Zone, Hyderabad. 3 The Station House officer, Mirchowk Police Station, Hyderabad. .....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 to issue any writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in confiscating one 12 bore D.B.B.L gun No.24706-97 by canceling arms licence No.728/Mirchowk dt.26.8.2005 as illegal, arbitrary and the same is without jurisdiction and consequently quash the order dt.26.8.2005 and release the 12 bore D.b.B.L. gun No.24706- 97 in favour of the petitioner, and to pass such other order or orders. Counsel for the Petitioner:MR.K.SRINIVASA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{MPL} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.25586 of 2005 ORDER: The case of the petitioner is that he was holding Arms Licence No.728/Mirchowk covered by 12 bore D.B.B.L.Gun. As he was involved in Cr.No.64/2002 for the offence under Sec.302 read with Sec.34 of IPC of Miirchowk P.S. a show cause notice dated 05.05.2004 was issued by the 1st respondent as to why the arms licence shall not be cancelled if no suitable explanation is filed within 15 days. The petitioner made a representation in the month of July, 2004, and after considering his representation, the arms licence has been cancelled by the 1st respondent-the Commissioner of Police, Hyderabad by order dated 26.08.2005 on the ground that the petitioner involved in the above said crime. Admittedly, under Rule-5 of A.P.Arms Rules, 1962 against the order of cancellation of arms licence, appeal lies to the Government under Sec.18 of the Arms Act, 1959. In view of the effective alternative remedy of appeal is available to the petitioner, the Writ Petition is dismissed, permitting the petitioner to file an appeal against the impugned order within 10 days from the date of receipt of a copy of this order, and on filing such appeal, the appellate authority shall entertain the appeal and consider the same and pass appropriate orders thereon, in accordance with law. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 23.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Hyderabad City, Hyderabad. 2 The Deputy Commissioner of Police, South Zone, Hyderabad. 3 The Station House officer, Mirchowk Police Station, Hyderabad. 4 2. 2CCs to 5. 2CD copies