Kazi Enayetul Azim v. State Of West Bengal And ORS.

29.8.2022 Sl.No.539 sn WPA 21132 of 2021 Kazi Enayetul Azim Vs.

The State of West Bengal & Ors.

Mr. Bhusan Jain ..for the petitioner Mr. Ashis Kumar Guha Mr. N. Ghosh Dastidar ..for the State The allegation of police inaction, does not survive.

It appears that in 2017, when the petitioner's application for transfer of Arms License was forwarded to the police authorities for enquiry. The officials of Memari police station made an enquiry and filed a comprehensive report. The case of the petitioner was not recommended. The reasons were submitted before the District Magistrate, Burdwan vide memo no. 1492/E dated March 15, 2017.

Again in 2019, the application for transfer of Arms License was submitted by the petitioner. It was received by the District Magistrate, Purba Bardhaman. After field enquiry, a comprehensive report was again filed, not recommending the case of transfer of the license in favour of the petitioner. The District Magistrate was intimated accordingly. Under such circumstances, the allegation of police inaction, does not survive.

The petitioner is at liberty to approach the concerned District Magistrate to ascertain the result of his applications.

The District Magistrate, who is the licensing authority, shall take a decision and communicate the same to the petitioner.

The police authorities were only required to make an enquiry on the direction of the District Magistrate. The police authorities had already fulfilled their obligation.

This writ petition is disposed of.

There will be, however, no order as to costs. All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)