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Ramesh Kumar Rai vs The Union Of India And Ors
2026 Latest Caselaw 512 Patna

Citation : 2026 Latest Caselaw 512 Patna
Judgement Date : 17 February, 2026

[Cites 1, Cited by 0]

Patna High Court

Ramesh Kumar Rai vs The Union Of India And Ors on 17 February, 2026

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.16559 of 2014
     ======================================================
     Ramesh Kumar Rai S/o Shri Birja Rai P.S. Buxar Industrial Area, District-
     Buxar.

                                                             ... ... Petitioner/s
                                     Versus
1.   The Union Of India through the Director General (Force Head Quarter)
     S.S.B. Government of India, Ministry of Home Affairs, East Block, Sector
     (V) R.K.Puram, New Delhi, 110066
2.   The Inspector General Frontier,Head Quarter, S.S.B. Guahati, Khanpura
     Road, Nikita Complex Near Veterinary College Gauhati, Assam
3.   The Commandant 33rd B.M. S.S.B. Rangia, Assam.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Awadhesh Kumar Mishra
     For the Respondent/s   :         Mr.Manoj Kumar Singh
     ======================================================
        CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT
                                 Date : 17-02-2026

                  1. The petitioner has filed the instant

      application for the following relief:

                                "For issuance of a writ of certiorari
                      for quashing the order of removal dated
                      31.10.2012

passed by the commandant 33rd Battalion S.S.B. Rangia inter-alia the following reliefs:-

(a) The appellate order dated 14.06.2013 passed by the D.I.G. Sector Head Quarter S.S.B. Tejpur District-Sonitpur (Assam) be set aside whereby and where under the appeal preferred by the petitioner has been rejected.

(b) The appellate order dated Patna High Court CWJC No.16559 of 2014 dt.17-02-2026

8.7.2014 passed by the Inspector General of Police, S.S.B. Khanpura Guahati be set aside.

(c) Respondents' authorities be directed to reinstates the petitioner in his 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 was appointed as a

constable in S.S.B. was posted at Rangia S.S.B.

33rd Battalion, and the impugned order was passed

by the competent authority at Rangia, Assam.

Therefore, the entire cause of action has arisen

within the territorial jurisdiction of the Courts in

the State of Assam, and consequently, this Court

lacks jurisdiction to entertain the present Writ

petition.

3. The Learned counsel for the

respondents has also drawn the attention of this

Court to an order passed by this Court in a similar Patna High Court CWJC No.16559 of 2014 dt.17-02-2026

matter, i.e., CWJC No. 19632 of 2013 (Manoj

Kumar Singh vs. The Union of India & Ors.),

decided on 11.02.2026, wherein an identical issue

relating to territorial jurisdiction was considered.

4. 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.

5. In view of the aforesaid submissions

and keeping in mind the order passed by this

Court, it is evident that the cause of action relating

to the petitioner has arisen entirely in the State of

Assam. Accordingly, this Court is of the considered

opinion that the present Writ petition is not

maintainable before this Court for want of

territorial jurisdiction.

6. 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

Assam, within a period of three months from the Patna High Court CWJC No.16559 of 2014 dt.17-02-2026

date of this order.

7. The Writ petition is, accordingly,

disposed of with the aforesaid observations and

directions.

8. Interlocutory Application, if any, shall

stands disposed of.

(G. Anupama Chakravarthy, J) Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2026
Transmission Date
 

 
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