In respect of the issue of mortgaged property and restoration of possession, it was found that the dispute was of civil nature between the private parties. Such an opinion was held by The Hon’ble High Court of Calcutta before The Hon’ble Mr. Chief Justice Prakash Shrivastava and The Hon’ble Mr. Justice Rajarshi Bharadwaj in the matter of Dinesh Agarwal Vs. State of West Bengal & Ors [MAT 863 of 2021 With IA CAN 1 2021].
The Writ petitioner questioned the correctness of the order passed by the Single Judge on 14.07.2021. It was found by the Single Judge that the dispute raised by the appellant was of civil nature. According to the submissions by the appellant, the police failed to justify the civil dispute and wrongly handed over the possession of the premises and goods kept therein to the private respondent. The counsel representing the respondents opposed the prayer and submitted that based upon factual controversy the appellant tries to set up the entire story and approached the required forum and establish it by way of evidence. It was reported that the official respondents had denied the plea of forcible dispossession by filing an affidavit in opposition and disclosing that 4 women including 2 senior citizens were locked in the premises in question and on receiving an intimation they were rescued.
The Hon’ble Court considering all the facts stated that “The perusal of the order passed by the learned Single Judge reveals that the issues raised by the appellant have been duly considered and appropriate conclusions have been drawn. In this view of the matter, we do not find any informity or illegality in the order of the learned Single Judge. Hence, no case is made out to interfere in the order of the learned Single Judge. The appeal is found to be devoid of any merit which is accordingly dismissed.”
Judgment reviewed by Bipasha Kundu