Constable No. 90001113 ... vs Govt. Of India, Ministry Of Home ...
2014 Latest Caselaw 1120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 12
 

 
Case :- WRIT - A No. - 10842 of 2003
 

 
Petitioner :- Constable No. 90001113 B.S.F.,Lal Bahadur
 
Respondent :- Govt. Of India, Ministry Of Home Affairs, Secretary & Ors.
 
Counsel for Petitioner :- Indra Sen Singh,I.S. Singh Vatsa
 
Counsel for Respondent :- S.S.C.,A.N.Roy
 

 
Hon'ble Attau Rahman Masoodi,J.

From a perusal of the reliefs sought  for in the writ petition , it is evident that order dated 28.8.1993 and notices dated 13/14.112002 have been issued at Amritsar i.e. within the State of Punjab . Admittedly, impugned orders giving rise to the cause of action which is the subject matter of this writ petition, have been passed beyond the territorial jurisdiction of this Court . None of the respondents fall within the territorial jurisdiction of this Court .

In view of above, learned Counsel appearing for the Union of India has also raised a preliminary objection against the maintainability of this writ petition. The objection was to be considered at the time of filing of this writ petition  but for some reason , it could not be considered.

Limitation of territorial jurisdiction goes to the root of exercising extra-ordinary powers under Article 226 of the Constitution of India which can not be assumed contrary to law. Moreover, Full Bench Decision of this Court reported in ESC  (All) in  writ petition No. 36612  of 1999, (Rajendra Kumar Mishra Vs. Union of India and others) has been cited. It is noticed that this  objection  has been raised by the learned counsel appearing for Union of India  very belatedly which led to the pendency of this writ petition for  a sufficiently long time. Such objections need to be raised at the threshold of proceedings. 

The writ petition for want of territorial jurisdiction is dismissed.

However, it is open to the petitioner to agitate his grievance before the appropriate forum.

Order Date :- 22.4.2014

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(Attau Rahman Masoodi J.)