INDIRA BANERJEE, SAHIDULLAH MUNSHI, JJ. - (1.) The defects, noted by the Additional Stamp Reporter, are inconsequential and the same may be ignored.
(2.) This appeal is against a judgment and order dated 22nd July, 2015 passed by the learned Single Judge disposing of the writ petition filed by the appellant writ petitioner with the observation that factual issues as to whether the business of the appellant writ petitioner was an independent business or connected with the MPS Food Products Group of Companies, could not be decided by the Writ Court. The petitioner was, however, given the liberty to approach the learned Magistrate for ventilating his grievances and for seeking necessary relief in accordance with law.
(3.) It is true that complicated, hotly disputed factual issues are not usually decided upon affidavits in writ proceedings. It is, however, equally true that the court may determine jurisdictional facts to determine whether the authorities concerned at all had jurisdiction to take the action impugned. In this case, it is the case of the writ petitioner that the respondent police authorities have arbitrarily and illegally locked up the godown of the appellant writ petitioner, which is part of his residential premises.;