IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.128 OF 2001. WRIT PETITION NO.128 OF 2001. WRIT PETITION NO.128 OF 2001. The Board of Trustees of the Port of Mumbai. ..Petitioners. versus The State of Maharashtra & Ors. ..Respondents. .... Mr.Shyam Mehta, q/w Parag Khandhar i/b. Mulla and Mulla, Advocate for the Petitioners. Mr. A.R. Patel i/b. M/s. Divya Shah & Associates, Advocate for Respondent Nos. 4 and 5. Mr. J.P.Yagnik, APP for Respondent Nos.1 to 3. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 8TH JULY,2008. : 8TH JULY,2008. : 8TH JULY,2008. P.C. 1. Heard learned counsel appearing for the petitioners and the learned counsel appearing for respondent nos.4 and 5 and the learned APP for responent nos. 1 to 3. 2. The challenge in this petition under Articles 226 and 227 of the Constitution of India is to the order passed on 7th August 2000. It is not in dispute that the said order is passed exercise of the powers under section 452 of the Code of Criminal Procedure, 1973 and there is an appeal provided under section 454 of the said Code for challenging the said order. An appeal is maintainable under section 454 at the instance of any person aggrieved by the order under section 452 of the Code of Criminal Procedure, 1973. 3. The learned counsel for the petitioners states that this petition is entertained by this Court and is pending for last two years and therefore it may be heard on merits. 4. Apart from the fact that the remedy of statutory appeal is available to the petitioner, the petition involves a dispute on the factual aspects. The said dispute cannot resolved in a petition under Articles 226 and 227 of the constitution of India. 5. Hence, the writ petition is not entertained and the same is rejected. Rule is discharged. 6. This order will not preclude the petitioner from adopting appropriate remedy in accordance with the law. To enable the petitioner to do so, interim relief granted by this Court in this petition will continue to operate for a period of 8 weeks from today. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]