lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.16627 of 2009 DATE:10.02.2010 Between: R.V. Ramana ... Petitioner and The Commissioner of Police and Addl. District Magistrate, Cyberabad, Hyderabad, and another ... Respondents l lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.16627 of 2009 l ORDER: · According to the petitioner, he has applied for licence for a double barren gun and he was issued a licence No.359/DM/DODA/Army by the the office of the District Magistrate, Kathua of Jammu and Kashmir State on 16.12.1998. Subsequently, in the year 2006 he also applied for licence of second weapon of bore revolver/pistol and the same was allowed by the said authority vide OD.No.434/DMK dated 28.11.2006. After constructing a house at Poolbagh colony, Ferzguda, Balanagar, R.R. District, he made an application dated 06.11.2008 to the Deputy Commissioner of Police, Cyberabad, Hyderabad, seeking re- registration and renewal of pistol licence up to 16.12.2010. While so, the 1st respondent, basing on the report of the 2nd respondent, issued a show cause notice dated 13.05.2009 calling upon him to submit explanation, within 15 days from the date of receipt of the notice, as to why his licence should not be cancelled for furnishing wrong address, for which he submitted a detailed explanation on 01.06.2009. However, in the month of July 2009 the 1st respondent issued proceedings in Rc.No.45/C/G3-Arms/Cyb/09 cancelling his pistol licence No.Hyd/West/IV/295-5. The same is questioned in this writ petition. · 2. The learned counsel for the petitioner has submitted that the petitioner has been working as Operations Assistant in M/s. Brink's Arya India (P) Limited, Hyderabad, since May, 2000. Hence, the weapons possessed by him are very essential for the purpose of security covering operations with banks for transportation of cash and valuables. Without making proper enquiry, the 1st respondent cancelled the licence of the petitioner. Therefore, he prays to allow the writ petition. · 3. On instructions, the learned Government Pleader for Home has submitted that as the petitioner gave a different residential address and the same is not tallying with the original residential address, it necessitated the 1st respondent to cancel the licence of the petitioner. · 4. There is no dispute with regard to the facts of the case. Apparently, the petitioner is having a valid weapon licence and he is in possession of two weapons. Because of only discrepancy with regard to residential address, his licence was cancelled by the 1st respondent. M/s. Brink's Arya India (P) Limited, Hyderabad, issued a certificate stating that the petitioner has been working with them for the last 10 years and he is staying at H.No.7-1-1/2(P), Poolbagh Colony, Ferozaguda, Balanagar P.S., Bowenpalli Post, Secunderabad. In the light of the same, and having considered the submissions made by the counsel on either side, this Court is of the view that the order impugned in this writ petition is liable to be set aside. · 5. Accordingly, the writ petition is allowed and the proceedings in Rc.No.45/C/G3-Arms/Cyb/09 issued by the 1st respondent in the month of July, 2009 cancelling the petitioner's licence No.Hyd/West/IV/295-5. The respondents are hereby directed to renew the said licence forthwith. However, the same shall be strictly in accordance with law. There shall be no order as to costs. __________________________________ lGOPALA KRISHNA TAMADA, J 10th February, 2010 l lNote: Furnish C.C. by two days. l (b/o) l cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA · · · · · · · · · · · · · · ·WRIT PETITION No.16627 of 2010 ·(Allowed) 10th February, 2010 l lNote: Furnish C.C. by two days. l (b/o) l cbs l