G VENKATASWAMY Vs. DIST COLLECTOR KURNOOL

JUDGEMENT

(1.) The petitioner is an ex-serviceman. He has been granted a licence under the Arms Act, 1959 (hereinafter referred to as 'the Act'), to hold a weapon for his safety and protection. The licensing authority, the 1st respondent herein has been renewing it from time to time. At present the licence stands renewed up to 31-12-2005.

(2.) He was required to deposit his weapon in the year 1974. When it was not being released, he has approached this Court by filing W.P. No. 19649 of 1996. The same was allowed through orders dated 5-11-1996. When the two weapons namely a Revolver and DBBL gun were released to him pursuant to the orders of this Court, they were found to have been rusted. The petitioner clams that he had to sell the same at very low price.

(3.) The petitioner contends that he was holding a Rifle under the licence. In August 2002, the respondents have directed him to deposit the weapon in the Police Station on the ground that there is a naxalite problem in the area. Petitioner claims to have deposited the weapon with the 3rd respondent on 15-8-2002. He has submitted a representation dated 12-12-2002 stating that he is an Ex-serviceman and not involved in any faction or extremist activity; and that he needs the weapon for the purpose of his safety and for its proper maintenance. When the respondents did not respond to his request, he has filed this writ petition seeking necessary directions.