HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 11542 OF 2008 DATED 21st November, 2014.
BETWEEN B.Govardhan @ Gopi ….Petitioner And The District Collector & District Magistrate, Nizamabad.
…Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 11542 of 2008.
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader appearing for the respondent.
The petitioner states that he is a permanent resident of Vannajipet village, Nizamabad District and was a Z.P.T.C. member prior to 2006. As there was threat perception from naxalites and Maoists, he applied for grant of Gun license in the year 1999 and the same was granted. However, in the year 2006, he was implicated in Crime No. 191/2006 on the file of the Police Station, Kammarpalli, Nizamabad District and later he was released on bail granted by the competent Court. In view thereof, the respondent issued a notice on 27.02.2008 calling explanation from him and he submitted his explanation on 25.03.2008 with regard to usage of weapon. But, without considering the said explanation, the respondent passed impugned order dated 06.05.2008 cancelling the gun license.
This Court by order dated 29.05.2008 suspended the impugned order. Further it was directed that the weapon if any deposited by the petitioner with the concerned police station shall not be released until further orders from this Court and if the weapon is not deposited, the same shall be recovered by the police from the petitioner and kept in safe custody until further orders. It is submitted by the learned Counsel for the petitioner that the petitioner was acquitted in S.C. 491 of 2008 by judgment dated 15.12.2010 and there are no cases registered/pending against the petitioner as of today and considering the threat perception from the Maoists, gun license granted in favour of the petitioner has to be renewed. The respondent has not filed any counter affidavit and threat perception cannot be decided by this Court. In the circumstances, the order dated 06.05.2008 in proceedings No.C1/507/2007 of the respondent is set aside and the matter is remanded to the respondent for reconsideration as to renewal of gun license granted in favour of the petitioner taking into consideration the threat perception and other attendant circumstances and pass appropriate orders 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 disposed of.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 21st November, 2014. Msnrx