GAYA RAM Vs. DISTRICT MAGISTRATE CUM LICENSING AUTHORITY

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. The petitioner owns a S.B.B.L. Gun no. 858. He was granted a licence no. 3220, under the Arms Act, 1959 by the authority concerned. On 23rd of January, 1985 the petitioner approached the Sub-Divisional Magistrate, Bharthana, district Etawah, for renewal of his licence. The Sub-Divisional Magistrate by an order dated 23rd January, 1985, refused to renew the licence on the ground that since the petitioner is old consequently he is unable to use the 134-Rep.-1987 same. The petitioner has now challenged this order of the Sub-Divisional Magistrate by way of the present petition.

(2.) WE have heard the learned counsel for the petitioner and the learned Standing Counsel. Section 15 of the Arms Act, 1959, hereinafter referred to as 'the Act' provides for duration and renewal of licence. The renewal of the licence has to be granted unless it is revoked earlier. In the instant case the licence of the petitioner had not been revoked earlier and consequently it was not open to the licensing authority not to renew the licence.

(3.) IN the result the petition is allowed. The order dated 23rd January, 1985, is hereby quashed. A writ of mandamus is further issued directing the respondents to renew the licence in favour of the petitioner and restore the gun which has already been deposited.