Allowed

Khaja Sohel Thabassum v. State of Telangana

Telangana HC23 Dec 2021WP/6964/2020

Case brief

AI extract

What is this about?

The High Court allowed this writ petition filed against the cancellation of the petitioner's arms licence renewal. The Court held that cancelling a licence for renewal solely on the ground of no life threat, without considering the original approval factors, was illegal under Section 17(3) of the Arms Act.

What did the court decide?

The impugned order cancelling the arms licence is set aside. The respondent is directed to consider the petitioner's application for renewal of the arms licence.

Khaja Sohel Thabassum Vs State of Telangana — Contract and Commercial Disputes | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY ,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 6964 OF 2020

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Between:

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Khaja Sohel Thabassum, S/o late Khaja^{Mahboob Ali Aged so^years,occupation} business No.10-3-P 35, Junas^{lvlanslonEastMarredpally,Secunderabad-500} 003

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...PETITIONER

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AND

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State oiT"l.ng'n''^{Rep' by Principal Secretary' Home Department}

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State oiT"l.ng'n'' oiT"l.ng'n''

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" Seiretariat, HYderabad'

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Commissioner^{of Police' HyderabadCity, TelanganaState.}

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".RESPONDENTS

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Petition^{under Article 226 of the Constitutionof lndia prayingthat in the} filed^{therewith'the High Court may be} circumstances^{stated in "} ""it'n ::::"^{:: J:: :: :,I: [ -"-;ffi :LT# :"1} ilr^{tr :i#:J T:} by^{the 2ndrespondentand further direct the resp'} ;,.";."^{No'98/Tukaramgateof the petitioner'}

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IA^NOi ,l o F 20²⁰

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rihl;lilf'rJtr""'r,"tx ilffi+:,;qt*:u,Iit1#* Petition^' Counsel^{for the Petitioner: SRt' PRABHAKARPERI}

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Counsel^{for the Respondents : GP FOR HOME}

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The^{Court madethe foltowing : ORDER}

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.6964 OF 2020

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ORDER:

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This writ petition is filed by the petitioner - Mr. Khaja Sohel Thabassum aggrieved by the order No.HN/A2lArmv6r07/201g-20 dated 29.02.2020 passed by respondent No.2 _ the Commissioner of Police, Hyderabad City, Hyderabad, whereby the application 06. I 1.2018 of the petitioner for renewal of his arms licence No.98/Tukaramgate was rejected and cancelled on the assumption that there is no threat to his rife and therefore he is not entitred for renewal of arms licence as illegal, arbitrary and contraly to the provisions of the Arms Act, 1959 and in violation of fundamental right to liib under Article 2l of the Constitution of India.

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Heard Mr. peri prabhakar, Iearned counsel for the petitioner, and .leamed Government pleader fo r H o n --evr lw n me' and perused the materia.l on record.

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The case of the petitioner is that he holds arms iicence No.98/Tukararngate whic:h was granted in the year 1995 and

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renewed tlom tirne to time. It is submitted that no criminal cases are pending against him. He is holding agriculturat land in Cherlapally, Ghatkesar Mandal, Medchal - Malkajgiri District. He IS having his own residential house in East Marredpally, Secunderabad. He is owner of a restaurant in Kukatpally. In the course of business, the petitioner carries cash personally and requires arrns licence for securing his lile and also for protection of his family.

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(a) The arms licence was^{grantedto the petitioner initially} by assessing all^{the factors'The petitioner has made the} application^{dated 06'1 1} '201^{8 for renewalof his licence as the same} was expiring^{by 31'12'2018'The petitioner has depositedhis} weapon^{i.e., i6 Bore DBBL Gun No'i3237-48with the arms} dealer^{IWs. GhouseArms& Ammunition Factory on 05'03'2019 in} accordance^{with law' On i 1'03'2019'show cause noticewas} issued^{to the petitionerby the Deputy commissionerof Poiice'} North^{Zone, Secunderabad' calling for explanationas to why} licence^{should not be cancelledas he does not have any life threat'} Explanation^{dated 27'03'2019was submitted by the petitioner'}

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//.

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'/ {

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ed order^{dated2g'Q2'2020was passedcancelling} Later,^{the imPugn} the^{arms licence of the petitioner'}

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(b) It^{is submittedthat cencellation of arms licence of the} petitioner^{is arbitrary'iliegal and contraryto the provisionsof the} Arms^{Act' The frnding of respondentNo 2 thatarms licenceneed} not be^{requiredto the petitioner as there is no life threat to him is}

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totally^{irrelevantfor the purpose of renewalof licence'}

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(c) The further^{tinding that there is no criteria in the Arms} Act and^{the Rules thereunderto judge whether the needfor weapon} is genuine^{or not and as per Rule i2 of the Arms Rules 2016'the} Iicensing authority^{is empoweredto assessthe requirement of ams} for self-protection^{and it has all the power to cancelthe licence} based on such^{assessmentis totallyerroneous and unsustainable'} The so called^{guidelinesissued by the Central Govemmentare not} applicable to^{the case of the petitioner'The impugned orderwas} passed by respondent^{No.2 withoutissuing notice to the petitioner'} Respondent^{No.2 erred in relying on Rule l2 of the Arms Rules'}

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201 6 which is applicable only lor grant ol licence and not for renewal of Iicence.

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(d) Though altemative remedy of appeal is provided under Section 18 of the Arms Act, this writ^{petitionis filed as thereis} violation ofprinciples^{ofnatural justiceand the impugned order is} patently illegal.^{On the application of the petitionerfor renewalof} licence,^{the impugned orderof cancellation was passed' Though it} is poigted^{out by respondent No 2 that there is no threat perception} to the^{petitioner'there is no discussionwhatsoever as to the} circumstances^{under which the petitionerwas grantedlicence} initlally'^{Once the iicence wasgrantedto the petitioner taking into} consideration^{the threat perception' unless there are new} circumstances^{or there is any contraventionof provisionsof the} Anns^{Act' Iicence of the petitioner cannot be cancelled' The} canceiiation^{of licenceand renewai of licenceare two different} aspects'^{The licenceof the petitioneris cancelled on an application} submitted^{by him for renewal' The cancellation of licenceis} regulated^{under Section17(3)ofthe Act whichreads as under:}

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"17. Variation, suspension and revocation of licences - (1) The licensing authority may vary the conditions subjecf fo rvhich a licence has been granted except such ol them as have been prescribed and rnai, tbr that purpose required the licence_holder by notice in writing to deliver-up the I. -t'n'" such time u, *uy rp..ifi.r;:;:;::

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(2) The licenr authority may, on the apprication or rn" no,.t''* ofa licence, arso vary the conditions ","^,n.'11 except such of rhem as have been r..r.l.,olltt

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,-^{,:]The licensing aurhority may} by order rn writing suspend a Iic such period as it thinks o, * *r;. ;,,.fi.:.

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(a) if the licensinr authoritl is satisried rhar rhe n",rJ ;;;."r9 ,'l^:" o' uvuf ;;-;. J":[:::,:J ln force, from acquir. having in his possession or .;;'an-' arms or arnrnunirion, * a ";;;r,* mind, or is for any reason *t, r". . ri."round ce under this Act; or

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if the licensin-e authority deems ir necessary "^^^^,^, for the security of the public peace or

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for public salety to suspend or revoke the licence; or

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(c) il the licence was obtained by the suppression of material information or on the basis of wrong inlormation provided by the holder of the licence or any other person on his behalf at the time of applying^{lbr it; or}

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(d) if any of^{the conditionsof the licence} has been^{contravened; or}

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(e) ilthe^{holder of the licencehas failed to} comply^{with a notice undersub-section (1)} requiring^{him todeliver-uP the licence'}

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(4) The^{licensing authoriry may aisorevokea} ,)**^{*tnt application of the holder thereof'}

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(5)^{Wherethe licensing authoritymakesan} o)o'.,^{,u'virrg a iicence under sub-section(1) or} an^{ordersuspending or revoking a licence} ,",^{t"O t}tton (3)' it shall record in writing therefore^{andfurnish to the holder} ;;.;;""' of^{the licenceon deman<l" iet.st:t:::,::} the^{same unless in any case thelicenstn'g} is or^{the opinion that it will not be in} ;;;; interest^{to fumishsuchsmtement'} ;;r;itt

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(6) The authority ro whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to revocation ora ricence or rrllt r',1'ji,1l'"' "'

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(7) A court convicting the holder ofa licence of any offence under this A or the rules marrc rhereunder ,r, ;:' ;;ct licence: '^{end or} revoke thc

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provided that if the co is ser aside on appear o. orr";;'nvifiion .u.r.nsion or revocarion shall become,o,o':.

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(g) An order of sur or revocation under sub-se*i., ;;*t'on also be rnade by an appellate .oua o.' i",uy exercising irs powers "arj":r:: courr when

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in . (9) rhe official Ttre Cenrral ;;.;, Gover.:"'t mav, b) order direcr any ,,"",,;;;,;::::': "'revoke^or revoke arr to su5r.r6 .. ","^{,r; ;;;.."rrt)} Ac, rhroughou,,;,;;;;; ffI..l#".'n,.

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(10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended^or revoked or to such other authority^{as tnaybe} specitied in this behalf in^{the orderol} suspension or revocation."

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In terms of^{Clauses(a)(b)(c)and (d) of sub section(3) of}

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Section^{17 of the Act, the licensingauthorityhas to see whether} there is^{contravention of such provisions. No suchcontravention is} either^{pointed out or discerniblefrom the orderimpugned'In an} identical^{situation' this Court allowed W'P' Nos'8834 and2673of} 2019^{by the order dated 11'06'2019'Hence'the impugned orderis} unsustainabie'

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5.^{Therefore'the order No'FN/A2lArms/6107/2018-20} daed?9 '02'2020^{issued by respondentNo'2 - the Commissioner of} Police,^{Hyderabad City'Hyderabad' is set aside'Accordingiy'} respondent^{No'2 is directed to consider the application of the} petitioner^{for renewal of his armsiicence without referenceto his} order^{dated29'OZ'2020'}

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6 With the above directions, the writ petition is allowed.

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No order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending

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in the writ petition stand closed.

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SD/.V.KAVITHA ASSISTAN REGISTRAR

,TRUE COPY//

To,

SEC ON OFFICER

'1 . The principal Secret Hyderabad.^{ary' Home DePartment}^sec retariat' State of retangana, 2. commission", or r";" ;^'""":i:ent : ffiqi4gflm#iiitfrlkl"jy.ii ;.,,,,,,, ., b. Iwo CD Iwo CD CD Cooies

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b. Iwo CD Iwo CD CD Cooies

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u.n onu Spare bopy a, sB &-

HIGH COURT

DATED:2311212021

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ORDER

WP.No.6964 of 2O2O

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Khaja Sohel Thabassum v. State of Telangana

Case brief

What is this about?

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Khaja Sohel Thabassum v. State of Telangana

Case brief

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