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2023 Supreme(AP) 1626

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

Advocates:
Advocate Appeared:
For the Appellant : A. Syam Sundar Reddy

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.

Headnote:(A) Constitution of India - Article 226 - Arms Act, 1959 - Revocation of Arms License - Petition was filed to declare the revocation of the petitioner's arms license illegal, arbitrary, and violative of natural justice, as it was done without service of notice - The petitioner argued he had threats to his life, which justified the license, but faced criminal allegations - Court found license is a privilege, not a right, nor a fundamental right under Article 21 and petitioner's claims did not confirm with legal requirements for entitlement - The license revocation was valid as the petitioner failed to satisfy the licensing authority about necessity - Court ruled alternative remedy under Section 18 of the Act must be pursued - Writ petition disposed of, petitioner allowed to appeal. (Paras 1, 10, 11, 12)

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:

    “.......to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 2nd Respondent in Ref. No. REV- CSECOAA (MISC)/1/2022SA(C3)-KDPCO and unintimated, unheard revocation of the Petitioner’s Arms License No. Kadapa-391 under Unik No. 021150000302092014 covered by 1) Revolver 2) NPB Rifle dated 07.11.2007 along with 21 Cartridges, 28 full cartridges and 02 empty cartridges without serving copy of the same on the ground that the Petitioner was involved in Crime No. 271/2022 dated 18.08.2022 registered under Sections 307, 332, 323 r/w 34 IPC and Sections 3(1)( r), 3(1)(s). 3(2) (v), 3(2) (va) of SC and ST (POA) Act 1989 on the file of II Town Police Station, Kadapa, Y.S.R. District is illegal, arbitrary, unjust, violative of principles of natural justice and contrary to the fundamental rights guaranteed under Articles 19, 20, 21 of Constitution and contrary to the Arms Act and consequently set aside the proceedings of the 2nd Respondent in Ref No. REV- CSECOAA (MISC)/1/2022-SA(C3)-KDPCO and unintimated, unheard revocation of the Petitioners Arms License No. Kadapa-391 under Unik No. 021150000302092014 covered by 1) Revolver 2) NPB Rifle dated 07.11.2007 along with 21 Cartridges, 28 full cartridges and 02 empty cartridges and pass......”

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

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