S.N.JHA, S.AHSAN
Ex-Major Ganesh Prasad Sinha – Appellant
Versus
Union of India – Respondent
This application arises out of general court martial proceeding held at Amritsar in the State of Punjab. A preliminary objection has been taken on behalf of the respondents as to the maintainability of the writ application in this Court on the ground of lack of territorial jurisdiction.
2. Clause (2) of Article 226 of the Constitution provides that the power conferred upon the High Courts to issue directions, orders or writs, to any Government, authority or persons, may also be exercised by any High Court exercising jurisdiction in relation to the territory within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority, or the residence of such person is not within those territories. The question for consideration is whether part of cause of action has arisen within the territories comprising the State of Bihar so as to confer the jurisdiction upon this Court. Counsel for the petitioner has contended that since the revisional order was sent and served upon the petitioner at Muzaffarpur, part of cause of action will be deemed to have arisen within the jurisdiction of this Court.
3. The poin
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