KAUSER KHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) AS parties in both the writ petitions are one and the same and the issue is connected, they are being disposed of by this common order.

(2.) THE petitioner in both the writ petitions is one Smt. Kauser Khan. The case of the petitioner is that herself and her family members, including her husband, are involved in business and that her husband moves globally for business purposes. For self protection and security, she requires weapon and accordingly based on her application, the licensing authority granted licence bearing no.112/24 dated 28.3.1983, re-registered as 971/Banjara Hills for possessing (1) .25 NPB pistol and (2) .22 NPB Rifle, which licence was renewed up to 28.3.2007. A theft took place when she was residing at H.No.8-2-684/3/R, Road No.12, Banjara Hills, Hyderabad on 14.11.2002 and in the said theft, her N.P. Bore pistol was stolen. Therefore, she made a complaint in FIR No.741/2002 dated 14.11.2002 and eventually, the criminal case was closed as "undetected" before the V Metropolitan Magistrate Court, Hyderabad. Her further case is that she is running an engineering college at Chevella, Rangareddy District and travels carrying huge amounts at the time of admissions and during payment of salaries to the staff and that usually her return journey will be at late evenings and hence she being a lady, for self-protection, made application on 23.1.2006 to the 3rd respondent - Deputy Commissioner of Police, West Zone, Hyderabad, to grant permission to purchase an identical pistol, which was lost in the theft committed in her house on 14.11.2002. The 2nd respondent - Commissioner of Police, by order in proceedings No.HW-3/Arms/971 - Banjara Hills/06 dated 11.10.2006, rejected the request of the petitioner for purchase of second weapon and cancelled the Arms Licence no.971/Banjara Hills and permitted the petitioner to sell the existing weapon to an authorized arms dealer and intimate the same to the authority. Aggrieved by the same, the petitioner preferred appeal before the 1st respondent - Government and by proceedings in Memo No.31508/Arms/2006 dated 12.2.2007, the Principal Secretary to Government, rejected the appeal. Aggrieved by the same, she filed writ petition before this court in W.P.No.10113/2008. By interim order dated 1.5.2008 in WPMP.No.13294/2008 in W.P.No.10113/2008, taking into consideration the submission of the learned counsel for the petitioner that the petitioner's arms licence expired and that she may be given liberty to file an application for its renewal; this court permitted the petitioner to file an application for renewal of Arms Licence before the licencing authority and directed the said authority to dispose of the same in accordance with law. Pursuant to the said interim direction of this court, the 2nd respondent - Commissioner of Police, by proceedings No.HW-

(3.) THE 3rd respondent - Deputy Commissioner of Police, filed counter affidavit in W.P.No.10113/2008 and denied the averments made by the petitioner in the writ affidavit and sought for dismissal of the writ petition.