In a Writ Petition seeking police protection over property purchased in company proceedings, the Writ Court held that disputed questions of fact regarding title cannot be adjudicated in Writ Jurisdiction. Consequently, the petition was dismissed for lack of jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE
WPO/781/2022
GOBINDO BISWAS VERSUS
STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 11th February, 2022
Appearance: Mr. Nilay Sengupta , Adv. Mr. Sujit Banerjee, Adv. … for the petitioner.
Mr. Rupak Ghosh, Adv. Mr. Ayan Dutta, Adv. Mr. Dilip Kumar Ghosh, Adv. … for the respondent no.5.
Ms. Tanushree Dasgupta, Adv. … for the O/L.
Mr. Amitesh Banerjee, Sr. Adv. Ms. Ipsita Banerjee, Adv. … for the State.
The Court :- The writ petitioner seeks police protection for his property. The petitioner claims to have purchased the property in Company proceedings before this Court. The petitioner has never obtained any conveyance of the property. The petitioner complains that the private respondent has obtained a conveyance in the year 2013 from the company in respect of the same property which was in liquidation prior to the year 1992.
This Court finds a large number of disputed questions of fact. The petitioner has not been able to demonstrate clear title of properties. Such
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matters of title cannot be gone into by Writ Court. Hence, no relief could be granted to the petitioner under Article 226 of the Constitution of India.
The petition thus dismissed.
No order as to costs.
(RAJASEKHAR MANTHA, J.)
mg/S. Chandra
3 issues framed by the court
Whether the Writ Court can adjudicate upon disputed questions of fact regarding title to a property.
Whether an entrepreneur can obtain police protection for property where title is not clear.
Whether the Writ Court can interfere when the underlying company proceedings involved liquidation and multiple conveyances.
1 provisions across 1 enactments
Gobindo Biswas
State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
