Wasim Akram vs State Of West Bengal And Others

Sabyasachi Bhattacharyya, J

The grievance of the present petitioner is that the petitioner was plying a truck for commercial purposes.

It is the further grievance of the petitioner that such truck was seized by the private respondents while it was loaded with materials.

Upon a subsequent complaint being lodged with the police, which is annexed as Annexure- P/3 at page- 20 of the instant writ petition, the police authorities have not taken any step thereon for return of the truck or the materials.

Learned counsel appearing for the private respondent argues that the writ petition is not maintainable, since the relief has been sought against the private respondent, which does not come within the purview of Article 12 of the Constitution of India.

It is further pointed out from the complaint lodged by the petitioner himself with the police, that the petitioner admitted therein that the materials on the truck were released on November 18, 2019, but the vehicle has not yet been released.

Learned counsel for the private respondent submits that the matter pertains to a private dispute between the private parties.

It is apparent, on the face of the complaint allegedly lodged by the petitioner, that the petitioner himself admitted that the materials loaded on the truck were returned to the petitioner. As far as the truck is concerned, it is an admitted position that the petitioner took a loan from the private respondent and failed to repay at least one instalment of such loan.

Such contention is controverted on behalf of the private respondents and it is argued on behalf of the said respondents that several instalments were defaulted by the petitioner.

Be that as it may, it is beyond the domain of the police authorities to adjudicate the dues from the petitioner to the private respondents with regard to the loan taken by the former from the latter.

Such a dispute is a subject matter fit to be canvassed before an appropriate authority.

As such, no fault can be found with the police authorities for not having taken any step on such complaints at this premature juncture. Moreover, the submission of the private respondents, that the writ petition is not maintainable, is perfectly justified since the relief therein has been claimed against the private respondent, which does not come within the purview of ‘State’ as envisaged in Article 12 of the Constitution of India.

Accordingly, W. P. No. 67(W) of 2020 is dismissed on contest, by granting liberty to the petitioner to approach the appropriate forum with any grievance relating to the seizure of the truck pertaining to the loan-in-question. If such a dispute is referred to an appropriate authority, the said authority will deal with the matter upon hearing both the private parties.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.