L RAGHUNATHA REDDY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner herein has been granted two licenses under the Arms Act, 1959, for a gun and a rifle respectively. These licenses are renewed from 14-10-1993. During the year 1994, he was directed to deposit the two fire arms with the Reserve Inspector of the Armed Reserve, Anantapur. He has surrendered the two licensed firearms accordingly. But however, when he has applied for further renewal of the licenses held by him, the 1st respondent Collector and District Magistrate, Anantapur, issued a show cause notice on 08-08-2002 proposing cancellation of his licenses. Hence, this writ petition is instituted.

(2.) The case of the petitioner is that he is resident of Chitrachedu Village, Peddavadaguru Mandal of Anantapur District and that he was a law-abiding citizen and that he was an active member of a recognized political party for more than two decades and all because of political reasons and considerations, the petitioner has been routinely and regularly implicated by the local police in one crime or the other and except in one case relating to Crime No.25 of 2002, which is booked under Section 324 r/w 34 of the Indian Penal Code, in all other criminal cases he has been acquitted by the competent criminal courts and that he has a grave threat to his life and liberty and hence, he is justified in seeking renewal of the licenses held by him and that the Collector and District Magistrate, without any proper application of his mind to the relevant facts and circumstances, has yielded to the pressure tactics adopted by the police and has issued the impugned show cause notice in gross violation of the provisions of the law on the subject and with bad faith.

(3.) The Collector and District Magistrate, Anantapur, has filed a detailed counter affidavit in the matter. All the basic facts have been admitted relating to grant of licenses and that they were deposited with the Armed Reserve Police. However, it has been pointed out by the Collector that pursuant to a policy decision taken by the State Government through their G.O.Rt.No.682, Home (General. C) Department, dated 25-04-2000, he initiated action for revocation of the licenses granted to the petitioner herein and in proposing the said action he has considered the detailed report submitted by the Superintendent of Police, Anantapur, disclosing that the petitioner is involved in 8 criminal cases booked between 1988 to 2002 and that he was regarded by the local police as a factionist and that there is every possibility of misusing the weapon by the writ petitioner and hence, the Superintendent of Police has recommended not to renew the arms licenses of the petitioner and also suggested not to release the weapons, which are lying in deposit with the police, hence, he has issued the show cause notice as is required under law and far from trying to answer the show cause notice, he has rushed to this court by instituting this writ petition. A history sheet, which is opened and maintained by the local police against the petitioner has been enclosed to the counter affidavit along with the decision of the State Government contained in G.O.Rt.No.682, Home (General. C) Department, dated 25-04-2000.