DINESH AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal correctness of the order of the learned Single Judge dated 14.07.2021 passed in WPA No. 10858 of 2020 has been questioned by the writ petitioner. The learned Single Judge has found that the dispute raised by the appellant is of civil nature and a factual dispute.

(2.) Submission of the appellant in person is that the police is not justified in saying that it is civil dispute and that the police has wrongly handed over the possession of the premises and goods kept therein to the private respondent. Opposing the prayer learned Counsel for the respondent has submitted that the entire story which the appellant has tried to set up is based upon the factual controversy for which he is required to approach the appropriate forum and establish it by way of evidence. He submits that the police authorities have rescued the persons who were forcibly locked inside the premises.

(3.) Having heard the learned Counsel for the parties and perusal of the records, it is noticed that the appellant had come to the writ court with the plea that the premises in question was mortgaged in which he had started his business and was forcibly dispossessed therefrom. Following was the prayer made in the writ petition.