A High Court cannot issue a writ against an authority situated outside its territorial jurisdiction.

P. SATYANARAYANA RAJU, J.

( 1 ) THIS is petition for the issue of a Writ of Certiorari to quash the proceedings in H. O. M. 3- - M/53 dated 29. 3. 1953 of the Collector and Additional District Magistrate of Kurnool as affirmed by the Board of Revenue (Andhra) in its B. P. Pt. 792 dated 1. 3. 1954. (2) The office has taken objection to the maintainability of this writ in view of the decision of the learned Chief Justice in -- Venkayala Janaiah v. Board of Revenue (Andhra), (S) AIR 1955 Andhra 23 (A ). Following the decision of the Supreme Court in -- Election Commission, India v. Saka Venkata Rao, AIR 1953 SC 210 (B), the learned Chief Justice held that the Board which is situated in the City of Madras is not within the area of the Andhra State, over which the High Court of Andhra has jurisdiction and that no Writ under Art. 226 can be issued to it. I followed the decision of the learned Chief Justice in - Vishakapattam Co-operative Motor Transport Society Ltd. v. Subba Rao, AIR 1955 Andhra 175 (C ). (3) The learned Government Pleader, to whom notice has been ordered submits that the respondents are willing to waive the objection as to jurisdiction. In AIR 1955 Andhra 175 (C), I have considered the question as to whether there can be a waiver of objection to jurisdiction of this Court, to issue a Writ and held that the doctrine of waiver cannot be invoked in a case where there is total want of jurisdiction. (4) Mr. Chinnappa Reddy, the learned Counsel for the petitioner contends that the Writ is maintainable as the order sought to be quashed is really that of the District Collector, Kurnool, who is amenable to the jurisdiction of this court and that the order of the Board of Revenue is only an appellate order confirming the order of the Collector. He relied upon two decisions of the Rajasthan High Court -- Madan Mohan v. Bankatlal, AIR 1954 Raj 145 (D) and -- Har Prasad v. Union of India. , AIR 1954 Raj 189 (E), and also the decision of the Travancore-Cochin High Court in -- "thangalakunju Musaliar v. Venkitachalam Potti, AIR 1954 Trav -C 131 (FB) (F ). In Madan Mohan v. Bankatlal (D) Wanchoo C. J. and Dave J. held that the fact that the High Court cannot issue any writ, direction or order to the Election Commission is no reason why it should not be able to interfere with the order of the Election Tribunal at Bikaner, if such intereference is othewise warranted. They held that if the High Court were to come to the conclusion that the Bikaner Tribunal exceeded its jurisdiction, the High Court can besides quashing the decision of the Tribunal direct the Returning Officer, who is within its jurisdiction, not to hold a bye-election in pursuance of the order of the Election Tribunal. (5) In Har Prasad v. Union of India (E) the facts were these. The petitioner before the High Court was the Head Travelling Ticket Examiner, who on his periodical eye-sight examination was ordered by the Chief Trafic Inspector, Bandikui to rejoin as Head Ticket Collector. The petitioner filed an appeal to the D. T. S. Bandikui, R. S. Ajmer, General Traffic Manager, Bombay and General Manager, Bombay. As a result of these representations, he was asked to appear again before the Chief Medical Officer, Bombay, who maintained his earlier opinion. The petitioner then applied under Art. 226 making the Union of India and the General Manager. Western Railway, as respondents to this petition. An objection was taken that the General Manager had his officer outside the jurisdiction of the High Court of Rajasthan and that, therefore, no writ could be issued against him. It was held that the original order of posting the petitioner, as Head Ticket Examiner, was passed by the C. T. I. , Bandikui, and it was that order which was under question in the petition, and that it was immaterial that the petitioners efforts in setting aside that order right up to the General Manager proved fruitless and that the High Court had jurisdiction to entertain the petition. Bapna and Ra

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