Citation : 2026 Latest Caselaw 512 Patna
Judgement Date : 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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