S. D. Agarwala, J. - (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 In the instant case the licence of the petitioner had not been revoked earlier and consequently it was not open to the licensing authority not to renew the licence. In any case the grounds of revocation of the licence have been enumerated in clauses (a) to (d) of sub-section (3) of section 17 of the Act which are quoted below : "17 (3). The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence,- (a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence ; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or (d) if any of the conditions of the licence has been contravened." Clause (a) is relevant for the purposes of this case. Under clause (a) a licence can be revoked if the licence holder for any reason is found unfit for licence. Clause (a) provides that the licensing authority can revoke a licence if the authority is satisfied that the holder of the licence is prohibited by the Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunitions or is of unsound mind, or is for any reason unfit for a licence under the Act. It is not the case of the respondents that the petitioner has been prohibited by the Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition or is of unsound mind. The only ground relevant appears to be that the petitioner is unfit for licence under the Act. In our opinion the mere fact that the holder of the licence is old by itself is no ground for revoking the licence. If a person's licence cannot be revoked by the mere fact that the person is old the same cannot be a ground for not renewing the licence. In the instant case the licence has not been renewed merely because the petitioner is old. This order consequently cannot be sustained in law.
(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. A copy of this order may be given to the learned counsel for the parties within a week on payment of usual charges.;