IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY, J.
Banreddy Sathish Kumar Reddy – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 2934 of 2023
Decided On : 09-10-2023
| Table of Content |
|---|
| 1. writ petition regarding arms license revocation (Para 1 , 2) |
| 2. counter affidavit denial by respondents (Para 3) |
| 3. hearing and record perusal (Para 4) |
| 4. legal arguments on alternative remedies (Para 5 , 6) |
| 5. court's observations on rights and statutory privileges. (Para 8) |
| 6. conditions for arms license revocation (Para 9 , 10) |
| 7. final decision on writ and appeal process (Para 11 , 12 , 13 , 14) |
ORDER :
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
2. Case of the petitioner is that; he is engaged in contract works in Andhra Pradesh and nearby States. He has several landed properties. He has several opponents and enemies in his business. As there are civil disputes with regard to his properties, his opponents attempted to kill him and attempt to abduct his family members. Therefore, he made a request to the respondent authorities to issue licence for possessing arm. The respondents 2 and 3 having considered his request and found that there is danger to his life and limb, granted Arm Licence No. Kadapa-391 under Unik No. 021150000302092014 with two (2) weapons i.e. (1) Revolver, (2) NPB Rifle dated 07.11.2007 along with 21 cartridges, 28 full cartridges and two (2) empty cartridges. Since 07.11.2007, his Arm Licence is being renewed from time to time. He is a law abiding citizen and he never misused the weapon at any point of time and even he has not displayed it so as to terrify the public at any point of time. Even when the respondent No. 4 and his subordinates intruded into his property on 18.08.2022, he did not reveal or disclose the arms he had to them though they have demolished compound wall and structures of his property. He has house site in D.No. 16/309 of Nagarajupalle Polam, Kadapa Municipality, Y.S.R. District. The said property stands in the name of his wife. While so, the respondent No. 2 issued proceedings under Ref. No. G1/1098/2022, dated 19.5.2022 published in Sakshi and Andhra Prabha daily newspapers proposing to acquire some extent from that property for the purpose of widening the road. Then, his wife filed W.P. No. 23390 of 2022 before this Court seeking declaration that the action of the respondent No. 4 herein in attempting to demolish the compound wall of her property as illegal and arbitrary. Pending the said writ petition, she was granted Status quo order on 01.8.2022 in I.A. No. 1 of 2022. Despite status quo order passed by this Court, the respondent authorities by violating the status quo order intruded into his property with heavy machinery and demolished compound wall without taking any scientific measures. When he tried to resist
Gaddi Gangi Reddy vs. State of Telangana
Kailash Nath v. State of U.P. AIR 1985 All 291
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
The main legal point established in the judgment is that the revocation of an arms license must be based on specific reasons as outlined in the Arms Act, and the mere registration of FIRs is irreleva....
The High Court will not entertain a writ petition under Article 226 when an adequate statutory remedy exists, requiring the petitioner to exhaust the appeal process under the Arms Act before seeking ....
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
Mere pendency of a criminal case does not justify cancellation of an arms license under the Arms Act; a substantial threat to public safety must be demonstrated for revocation.
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
Mere involvement in a criminal case does not justify cancellation of a firearm license under the Arms Act; evidence of the license holder's misuse is required.
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