- (1.) B. K. Singh, J. The petitioner, by this writ petition, has prayed for a writ in the nature of mandamus lo command the opposite parties for not compelling the petitioner to deposal his arm which is S. B. B. L. gunof. 12-bore.
(2.) I have heard the learned Counsel for the petitioner. He has submitted that on account of Lok Sabha Election, which has yet not been notified, the opposite parties No. 2 and 3 have snarled the proc s of gelling the arm, held by the petitioner on a valid licence, deposited. The petitioner's licence is valid up to 31-12-1998. The arm licence has not been can celled or the petitioner's licence has been suspended. The petitioner's father is an Ex.- M. L. A. from Hasanganj reserved as sembly constituency. There is not criminal history of the petitioner. The learned Counsel submits that the opposite parties cannot compel a valid licensee to deposal his arm which has been granted for protection of the person and property of the licensee. The learned Counsel has finally sublimed that in relation lo identical cases the Court has taken a view that until the licence is suspended or cancelled the opposite parties cannot compel the licensee lo deposit the arm simply because election Lok Sabha has been announced. I have considered the above sub missions of the learned Counsel of the petitioner. The fire-arm is validly held by the petitioner on a licence under the Arms Act. If we have the provisions of the Act then if is clear that a licensee can hold arm until and unless arm licence is suspended or revoked. Mere announcement of the election is not a condition on whose basis an arm can be got deposited. Since this mailer has already been the subject-matter of the decision of this Court in earlier cases of identical nature, I deem if proper lo dispose of this writ pillion finally with the following directions: The opposite parties shall not com pel the petitioner to deposit his arm simply on the ground that election to Lok Sabha has been announced. The petitioner shall be permitted to hold the arm in case his licence is still valid. Writ petition disposed of. .;