Rohitverma v. Assistant Commissioner, Burtola Kolkata North And ORS

15-03-2022 Item No.31 Subrata

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.4406 of 2022 Rohit Varma -vsAssistant Commissioner, Burtola, Kolkata North, West Bengal & Ors.

Mr. Arya Das ...for the petitioner Md. T.M. Siddiqui ...for the respondents Heard learned advocates appearing for the respective parties.

In this writ petition, petitioner has challenged the impugned order of dismissal of the petitioner's appeal dated November 30, 2021 (p.57) confirming the order of cancellation of the petitioner's registration. On perusal of the impugned order of the appellate authority, I am of the view that the issue involved is a highly disputed question of fact with regard to the possession of the premises in question by the petitioner as well as declaration of the landlord that he does not know the petitioner, and later on giving another declaration that the landlord was coerced by the respondent authority concerned to sign such declaration, and sitting in constitutional writ jurisdiction, this court cannot go into this highly disputed question of fact and the matter of evidence.

Accordingly, this writ petition - WPA No.4406 of 2022 - is dismissed.

[Md. Nizamuddin, J]