Dismissed

G.S.Mansoor, S/o. G.S.Abdul Khader, v. The State of Andhra Pradesh

Andhra Pradesh HC24 Apr 2024WP/31686/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking renewal of arms licenses. The Court noted the administrative lapse was due to non-submission of police reports. It declined the mandamus but granted liberty to prefer an appeal before the Appellate Authority with a deadline for the authority to pass a reasoned order. The petition was dismissed.

What did the court decide?

Direction to the Appellate Authority to pass a reasoned order within four weeks; liberty granted to prefer appeal.

G.S.Mansoor, S/o. G.S.Abdul… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

THURSDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HON’BLE DR JUSTICE K. WIANMADHA RAO

¶5

WRIT PETITION NO: 31686 OF 2016

¶6

Between:

¶7

G.S.Mansoor, S/o. G.S.Abdul Khader, Occ: Bussiness, R/o. 6-3-186, Ramnagar, Ananthapur, Ananthapur District.

¶8

P. Bhaskra Vijaya Kumar, S/o.Late Devadanam, Occ; Business, R/o. 6-2-907, Ramnagar, Ananthapur, Ananthapur District.

¶9

B.Jayarami S/o. Anjanappa, Occu; Cultivation, R/o. Penakacherla Village, Garladinne Mandal, Ananthapur District.

¶10

D.Syam Sundar Raj, S/o. George (Late), Occu: Government servant, R/o. 60/4/239/1, Maruthinagar, Ananthapur, Ananthapur District.

¶11

K.Pothulaiah, S/o. Late Ramanna, Occu: Business, R/o. 1/197, Kakkalapalli, Colony, Ananthapur, Ananthapur District.

¶12

...PETITIONERS

¶13

AND

¶14

The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad.

¶15

The District Collector, Ananthapur, Ananthapur District. 3. The Superintendent of Police, Ananthapur, Ananthapur^District.

¶16

...RESPONDENTS

¶17

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus' declaring the action of the 2nd respondent in not renewing the petitioners arms-licence bearing numbers 41-1/A, 25-33/A, 111-1/A, 132-9/D and 28-9/A as illegal, improper, unjust and contrary^{tolawandfurtherdirectthe} respondents to renew the petitioners arms licence.

¶18

I.A. NO: 1 OF 2016fWPMP. NO: 39187 OF 2016>

¶19

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2^*^ respondent to consider the application made by the petitioners for renewal of their arms licence bearing numbers 41-1/A, 25-33/A, 111-1/A, 132-9/D and 28-9/A forthwith pending disposal of the above writ petition.

¶20

Counsel for the Petitioners : Ms. SIVA JYOTHI KUDIPUDi FOR SRI SRIMAN Counsel for the Respondents: SRI V.S.S. PAVAKI, ASST.GP FOR HOME

¶21

The Court made the following: ORDER

¶22

APHC010108112016

¶23

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶24

[3310]

¶25

THURSDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

¶26

PRESENT

¶27

THE HONOURABLE DR JUSTICE K MANMADHA RAO

¶28

WRIT PETITION NO: 31686 OF 2016

¶29

Between:

¶30

G.S.Mansoor, S/o. G.S.Abdul Khader and Others ...PETITIONER(S)

¶31

AND

¶32

The State of Andhra Pradesh and Others ...RESPONDENT(S)

¶33

Counsel for the Petitioner(S):

¶34

1.SRIMAN

¶35

Counsel for the Respondent(S);

¶36

1.GP FOR HOME(AP)

¶37

2.15548/GP FOR REVENUE (AP)

¶38

The Court made the following:

¶39

ORDER:

¶40

This Writ Petition is filed, seeking the following^relief:

¶41

" to issue a Writ, Order or direction one in the nature^{ofWritofMandamus,} declaring the action of the 2"^' respondent in not^{renewingthepetitionersarms-license} bearing numbers 41-1/A, 25-33/A, 111-1/A. 132-9/D and^{28-9/Aasillegal,improper,} unjust and contrary to law and further direct the respondents^{torenewthepetitioners} arms license and pass such other orders. ”

¶42

¶43

Heard Ms. Siva Jyothi Kudipudi, learned counsel for the petitioners appeared virtually and Mr. V.S.S.Pavaki, learned Assistant Government Pleader, Home for the respondents/ police.

¶44

During hearing learned Assistant Government Pleader, Home for the respondents/ police, placed on record the letter addressed by the 2 nd respondent to the 1 respondent vide Rc.No.MC3/6387/2016, dated 22.04.2024, wherein it is categorically stated that the matter was examinedⁱⁿ detail and it was revealed that after lapse of one year i.e due period, the 3"^ respondent furnished enquiry reports and after due verification, some lapses were noticed. Therefore, again a letter was addressed to the 3'^^ respondent with a request to resubmission of enquiry reports along with filled in prescribed checklist and to furnish “specific remarks on each case within two weeks, failing which it will be treated as not recommended”, but no report has been received from the 3'^^ respondent. Aggrieved by^{theofficeendorsement} dated 24.06.2016, the present writ petition came to be filed. Since no recommendation has received from the respondent, the renewal of license did not take place. Therefore, this writ petition is liable to be dismissed.

¶45

Learned counsel for the petitioners submitted that in similar circumstances of this case, this Court has already disposed of the W.P.No.2934 of 2023, dated 09.10.2023, which is squarely^covered and hence requested to pass similar order in this writ petition also and placed on record the copy of the said order.

¶46

Perused the record.

¶47

No doubt, this matter is squarely covered by an^{orderofthisCourt} passed earlier in W.P.No.2934 of 2013, dated 09.10.2023.^{andthatthiscourt} is inclined to dispose of the this Writ Petition, while granting liberty to the petitioners to prefer appeal before the Appellate Authority, within a period of four (04) weeks from the date of receipt of a copy^ofthis order. On such submission, the Appellate Authority is directed to pass appropriate reasoned order in accordance with law, within a period of four (04) weeks thereafter, in accordance with law.

¶48

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

¶49

As a sequel, miscellaneous applications pending, if any, shall also

stand closed.

To,

//TRUE COPY//

SD/- B. CHITTI JOSEPH ASSISTANTJtEGISTRAR SECTI OFFICER

¶54

The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

¶55

The District Collector, Ananthapur, Ananthapur District.

¶56

The Superintendent of Police, Ananthapur, Ananthapur^District.

¶57

One CC to Sri Sriman, Advocate [OPUC]

¶58

Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

¶59

Three C D. Copies. Cnr

MBT

HIGH COURT

DATED:25/04/2024

ORDER

WP.No.31686 of 2016

%
i
toil

DISPOSING OF THE W.P. WITHOUT COSTS

G.S.Mansoor, S/o. G.S.Abdul Khader, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

G.S.Mansoor, S/o. G.S.Abdul Khader, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R. Narayana Swamy, Vs The Director General of Police

P.Liyakhat Ali Khan, Vs State of Andhra Pradesh

Parvathini Narsimha Rao, E.G.Dist., and 2 Otrs. Vs State of a.P.,Home,Hyd.,and 2 Otrs.

Mulla Abdul Rab Vs State of Andhra Pradesh

Kalakoti Sivamma w/o Anji Reddy, Vs The Government of Andhra Pradesh rep by its

V Sattiraju Vs Prl.Secy., Home Dept., Hyd., and 2 Others