APHC010410992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21049/2024 Between: 1. P DWARAKANADHA REDDY, S/O P. LAKSHMANA REDDY, AGED 54 YEARS, OCC- MEMBER OF LEGISLATIVE ASSEMBLY, R/O. MARUTHI NAGAR, CHURCH STREET, MR PALLI, TIRUPATI, TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, A. P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, TIRUPATHI, TIRUPATHI DISTRICT. 4. THE STATION HOUSE OFFICER, SV UNIVERSITY POLICE STATION, TIRUPATHI, TIRUPATHI DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, particularly respondents 3 and 4 in not initiating any action on the representation dated 15.06.2024 and also legal notice dated 03.09.2024 submitted by petitioner with a request to return the 02 weapons i.e., (DBBL Gun bearing No. H69092 and N.P. Bore WP.No.21049 of 2024 pistol bearing No.321936) having license NO.A/342/238/TPT(U)/94 deposited by petitioner before 4th respondent at the time of elections- 2024 for safe custody, as arbitrary, illegal, highhanded and without application of mind apart from violative of the well established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents No.3 and 4 to return petitioners said 02 weapons to him and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to return the 02 weapons i.e., DBBL Gun bearing No. H69092 and N.P. Bore pistol bearing No.321936 having license NO.A/342/238/TPT(U)/94 deposited by petitioner before 4'^ respondent at the time of elections-2024 for safe custody by considering his representation dated 15.06.2024 and also legal notice dated 03.09.2024, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: WP.No.21049 of 2024 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.21049 of 2024 ORDER : 1. The petitioner is aggrieved by the inaction on part of respondent Nos.3 and 4 in returning two weapons (DBBL Gun bearing No.H69092 and N.P Bore Pistol bearing No.321936) having license No.A/342/238/TPT(U)/94. 2. The petitioner had deposited the weapons during the election time in the year 2024 for safe custody as was required, as per the terms of license and as directed by the respondent Nos.3 and 4. It is submitted that the petitioner has weapon license which is valid upto 29.03.2026. The respondent No.4 ought to have return the weapons soon after the election process completed in the month of June, 2024. In this regard, the petitioner approached respondent Nos.3 and 4 and submitted representation on 15.06.2024 seeking return of the weapons. Thereafter, the petitioner got issued a legal notice to respondent Nos.3 and 4 seeking return of the weapon. 3. The learned counsel for the petitioner submits that the petitioner is politically active and has constant threats from people opposing him politically. It is also submitted that some unknown WP.No.21049 of 2024 persons are constantly keeping the whistle on the movements of the petitioner and that it was also widely reported in the news papers and print media that the petitioner is facing threat from his political opponents. It is also submitted that the petitioner was provided 2+2 Gunmen till June, 2024. Thereafter, the same was reduced to 1+1 Gunmen at the behest of the political opponents. 4. It is submitted that the respondents 1 to 4 are under legal obligation to return the weapons deposited by the petitioner. It is also submitted that the petitioner has never misused the weapon nor committed any offences punishable under any Arms Act. 5. The learned Government Pleader appearing for the State submits that the petitioner has a criminal background and that crime No.73 of 2013 was registered against ht petitioner and however he was acquitted in SC.No.324 of 2017 and that he is facing trial in CC.No.290 of 2018. 6. It is submitted that the police are apprehending misuse of weapon by the petitioner and it is also apprehended that the petitioner may misuse the weapon for threatening the witnesses and as such pray for dismissing the writ petition. WP.No.21049 of 2024 7. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State. Perused the material on record. 8. It is not in dispute that the petitioner holds a valid weapon license till March, 2026. It is also not in dispute that the petitioner had never misused his weapon. The reason for retaining the weapons of the petitioner by the respondent appears to be the apprehension that the petitioner might misuse the weapons if they are returned back to the petitioner. On such apprehension, the respondents cannot retain the weapons. 9. Mere apprehension of an uncertain eventuality in future cannot be considered as a valid ground for refusing to return the weapons belonging to the petitioner when the license for the same is renewed upto March, 2026. 10. On these considerations, this Court is of the considered view that denial/refusal/detaining two the weapons i.e., DBBL Gun bearing No.H69092 and N.P Bore Pistol bearing No.321936 of the petitioner by respondents 3 and 4 is patently illegal, arbitrary and illogical and accordingly, there shall be a direction to the respondents 3 and 4 to return the weapons bearing Nos. DBBL Gun bearing No.H69092 and N.P Bore Pistol bearing No.321936 WP.No.21049 of 2024 to the petitioner within a period of one week from the date of receipt of this order. 11. Accordingly, the writ petition is allowed. No costs. 12. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dated 11.07.2025 KGM WP.No.21049 of 2024 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.21049 of 2024 Dated 11.07.2025 KGM