Kamal Chakraborty vs The Union Of India & Ors
2023 Latest Caselaw 5389 Cal

   15.
21.8.2023

S.D.

W.P.A. 18868 of 2023

Kamal Chakraborty Vs.

The Union of India & Ors.

Mr. Subhabrata Datta Mr. Jatindra Barik ..For the Petitioner

Mr. Souvik Nandy Ms. Ranjana Chatterjee ...For the State

Mr. Nandy, learned counsel appearing on behalf of the

Union of India challenges the maintainability of the writ

petition on the ground of lack of territorial jurisdiction of this

Court to receive, try and entertain the writ petition. He

submits that the entire cause of action arose within the

territorial jurisdiction of the State Chattishgarh and not even a

fraction of cause of action arose within the territorial

jurisdiction of this Hon'ble Court.

Mr. Datta, learned counsel appearing on behalf of the

petitioner submits that this Court has the territorial

jurisdiction to entertain the writ petition. He relies on two

judgments reported in (2014) 9 SCC 329 (Nawal Kishore

Sharma vs. Union of India & Ors.) and (2020) 10 SCC 766

(Shanti Devi alias Shanti Mishra vs. Union of India & Ors.)

in support of his contention that this Court has the territorial

jurisdiction to entertain the writ petition.

Let the matter appear for further consideration under

the same heading "Motion" on September 4, 2023.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)