Back
IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Geeta Sinha - Appellant
Versus
Union of India - Respondent
W.P.(C) 9089 of 2021 & CM Appl. 28284 of 2021
Decided On : 26-08-2021
| Table of Content |
|---|
| 1. petitioner impugns a letter from railway authority. (Para 2) |
| 2. argument on jurisdiction based on authority's location. (Para 3 , 4) |
| 3. court's reasoning on jurisdictional issues. (Para 5 , 6 , 7 , 8) |
| 4. petition dismissed for lack of jurisdiction. (Para 9) |
| 5. final order and direction for document distribution. (Para 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--The hearing was conducted through video conferencing.
2. Petitioner impugns letter dated 02.02.2021 issued by the Senior Divisional Commercial Manager, Danapur, Patna.
3. Learned counsel for the petitioner submits that since the appointing authority of the Senior Divisional Commercial Manager is the Railway Board and Railway Board is situated in Delhi, this Court would have the territorial jurisdiction to entertain the petition.
4. He further submits that in similar circumstances the Supreme Court of India has entertained several writ petitions and passed orders granting benefit to various license holders across the country.
5. I am unable to accept the contention of learned counsel for the petitioner in as much as merely because the Railway Board which is the appointing authority of the officer who has passed the impugned order is situated in Delhi would not confer jurisdiction on this Court especially when neither the authority whose order is impugned is situated in Delhi nor any part of cause of action has arisen in Delhi.
6. The factum of Supreme Court entertaining Writ Petitions of several vendors situated across the country would also not confer jurisdiction on this court.
7. The Senior Divisional Commercial Manager, whose order is impugned does not have a seat in Delhi and no part of the cause of action has arisen in Delhi.
8. Further the contention that a 2010 policy has been issued by the Railway Board and petitioner is seeking benefit under the policy also does not further the case of the petitioner in as much as petitioner is not aggrieved by any action of the Railway Board rather seeks implementation of the policy by the concerned authority which is situated at Danapur, Patna.
9. In view of the above, it is held that this petition would not lie before this court. Petitioner would have to avail of her remedies in an appropriate court having jurisdiction.
10. The petition is accordingly dismissed.
11. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
Jurisdiction over writ petitions is properly determined by the location of the authority issuing the order and the cause of action, not by the location of the appointing authority.
Territorial jurisdiction of the court is not solely determined by the location of the appointing authority, but also by the location of the impugned order and cause of action.
Territorial jurisdiction under Article 226 of the Constitution.
High Courts' jurisdiction under Article 226 is contingent on cause of action arising within its territory, not merely on the location of the authority or relevant government.
The main legal point established in the judgment is that the court's territorial jurisdiction is determined by the location of the cause of action, and internal correspondence between zonal offices a....
Territorial jurisdiction is determined by the place where the order is made and where the consequences fall on the person concerned. Forum conveniences should be considered, especially for retired em....
Parties may restrict jurisdiction to a designated court by agreement, provided that court holds jurisdiction over the matter.
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
