1. The question which arises for consideration in this appeal is as to whether the cause of action or part of cause of action has arisen within the territorial jurisdiction of this Court so as to entitle it to entertain and decide the writ application. The learned Single Judge by the impugned order dated 1-3-2001 in CWJC No. 9616 of 1999 held that no part of cause of action has arisen within the territorial jurisdiction of this Court and accordingly dismissed the writ application for want of territorial jurisdiction.

2. The facts giving rise to the present appeal are that the appellant was enrolled in the Bihar Regiment on 26th November, 1997 and taken on strength as a Sepoy in this unit on 9th November, 1998 at Cooch Bihar (West Bengal). During Kargil War (Vijay Operation), the appellant was despatched to participate in the said operation on 20-5-1999 and was moved to Battalik Sector. One of his fellow Sepoy Arvind Kumar Pandey belonging to the district of West Champaran died on 29th May, 1999 during the combat. The appellant was asked to hand over the dead of said Martyr Arvind Kumar Pandey to his parent at his native village and was given a movement order with a directio