The Andhra Pradesh High Court dismissed a writ petition challenging the cancellation of an arms license since an appeal on the same order was pending before the respondent.
Writ petition dismissed; appeal pending before Respondent No.1 directed to be disposed of expeditiously; interim moratorium disposed of as infructuous.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND TEN
PRESENT
THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.5188 of 2010
Between: Syed Ali.
..... Petitioner
AND
1.Govt. of A.P., rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and 3 others.
.....Respondents
Counsel for the Petitioner: Sri Ali Farooq
Counsel for the Respondents: AGP for Home
The Court made the following:
Order:
The petitioner filed this Writ Petition for a Mandamus to set aside order, dated 01-10-2009, passed by respondent No.2, whereby his Arms License has been cancelled.
A perusal of the affidavit, filed in support of the Writ Petition, shows that against the said order, the petitioner has already filed an appeal before respondent No.1.
In my opinion, it is not permissible for the petitioner to file this Writ Petition questioning the very same order, which is the subject matter of the abovesaid appeal.
Therefore, the Writ Petition is dismissed with liberty to the petitioner to pursue his appeal pending before respondent No.1. If the said appeal has been properly presented by the petitioner, respondent No.1 is directed to dispose of the same as expeditiously as possible.
As a sequel to disposal of the Writ Petition, WPMP.No.6681 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous.
___________________________ (C.V.NAGARJUNA REDDY, J) 8th March, 2010 lur
Syed Ali
Govt. of A.P. (rep. by Principal Secretary, Home Department)
C.V.NAGARJUNA REDDY
As recorded by the court registry
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