Manoj Kumar Singh vs The Union Of India And Ors
2026 Latest Caselaw 408 Patna

Patna High Court

Manoj Kumar Singh vs The Union Of India And Ors on 11 February, 2026

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19632 of 2013
     ======================================================
     Manoj Kumar Singh Son Of Sri Deep Narayan Singh Resident Of Village -
     Akhtiyarpur, P.S. - Mahnar, District - Vaishali

                                                              ... ... Petitioner/s
                                       Versus
1.   The Union of India through Secretary, Ministry of Home Affairs, New Delhi
2.   Directorate General Border Security Force, 2nd Floor Block No. 10, C.G.O.
     Complex, Lodi Road, New Delhi - 110003
3.   The Dy. Inspector General /Clo D and L For Director General Bsfc, New
     Delhi - 110003
4.   The Inspector General Of Frontier Border Security Force, Gandhi Nagar,
     Gujrat
5.   The Commandant Border Security Force, Sector Head Quarter Gandhi
     Nagar, Gujrat

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sanjay Kumar Ojha, Advocate
     For the Respondent/s   :      Mr. Subodh Kumar Jha, Sr.C.G.C.
     ======================================================
        CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                 ORAL JUDGMENT
                                 Date : 11-02-2026

                  1. The petitioner has filed the instant

      application for the following relief:

                                "For issuance of an appropriate

                      Writ, order or direction to quash the

                      order dated 31.10.2012 whereby and

                      whereunder the respondent No.3 has

                      rejected the statutory petition dated

                      19/7/2012

on 31/10/2012 of the

petitioner and further for direction that Patna High Court CWJC No.19632 of 2013 dt.11-02-2026

petitioner be reinstated in service with

all consequential benefits."

2. At the outset, the Learned counsel

appearing on behalf of the respondent-Union of

India raised a preliminary objection regarding the

maintainability of the Writ petition on the ground of

lack of territorial jurisdiction. It has been submitted

that the petitioner admittedly an employee of BSF

was posted at SHQ/Gandhinagar, and the

impugned order was passed by the competent

authority at Gandhinagar, Gujarat. Therefore, the

entire cause of action has arisen within the

territorial jurisdiction of the Courts in the State of

Gujarat, and consequently, this Court lacks

jurisdiction to entertain the present Writ petition.

3. It has further been contended that

the petitioner has invoked the jurisdiction of this

Court merely on the ground that the dismissal

order of appeal was served upon him at his native

place in the State of Bihar. According to the

Learned counsel for the respondents, mere service Patna High Court CWJC No.19632 of 2013 dt.11-02-2026

of the order within the territorial jurisdiction of this

Court does not confer jurisdiction, as no part of the

substantive cause of action has arisen within the

State of Bihar.

4. The Learned counsel for the

respondents has also drawn the attention of this

Court to an order passed by a Coordinate Bench in

a similar matter, i.e., CWJC No. 9289 of 2022

(Sanjay Kumar Singh vs. The Union of India &

Ors.), decided on 31.01.2026, wherein an identical

issue relating to territorial jurisdiction was

considered.

5. This Court has heard the Learned

counsel for the petitioner as well as Learned

counsel for the respondents and has carefully

considered the submissions advanced.

6. In view of the aforesaid submissions

and keeping in mind the order passed by the

Coordinate Bench of this Court, it is evident that

the cause of action relating to the petitioner has

arisen entirely in the State of Gujarat. Accordingly,

this Court is of the considered opinion that the Patna High Court CWJC No.19632 of 2013 dt.11-02-2026

present Writ petition is not maintainable before

this Court for want of territorial jurisdiction.

7. Consequently, the Writ petition

stands disposed of, with liberty to the petitioner to

avail of the appropriate remedy before the

competent court having jurisdiction in the State of

Gujarat, within a period of three months from the

date of this order.

8. The Writ petition is, accordingly,

disposed of with the aforesaid observations and

directions.

9. Interlocutory Application, if any, shall

stands disposed of.

(G. Anupama Chakravarthy, J) Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.02.2026
Transmission Date