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DELHI HIGH COURT
SANJEEV SACHDEVA
Jitendra Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner claims disputed fee demand. (Para 1 , 4 , 13) |
| 2. petitioner's argument on jurisdiction examined. (Para 2 , 3 , 9 , 11 , 14) |
| 3. court's reasoning on jurisdiction established. (Para 5 , 6 , 8 , 10 , 12 , 15 , 16) |
| 4. article 226 powers of high courts detailed. (Para 7) |
| 5. petition dismissed for jurisdiction issues. (Para 17) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner is aggrieved by the action of the Senior Divisional Commercial Manager, East Central Railway, Pandit Dindayal Upadhyay Nagar, Uttar Pradesh, whereby enhanced advance annual license fee has been demanded from the petitioner.
2. Learned counsel for the petitioner submits that that this Court would have the territorial jurisdiction as the Railway Board is situated in Delhi. He submits that the demand raised by the Senior Divisional Commercial Manager, East Central Railway, Pandit Dindayal Upadhyay Nagar, Uttar Pradesh is contrary to the directions issued by the Railway Board at Delhi.
3. Learned counsel relies on a decision of a coordinate Bench of this Court dated 02.07.2007 in W.P. (C) 2103/2007 titled Jayswal Neco Ltd. Vs. Union of India & Ors., to contend that as the Railway Board is si
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.
Territorial jurisdiction under Article 226 of the Constitution.
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.
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.
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 of a High Court under Article 226(2) of the Constitution is determined by whether the cause of action, either in whole or in part, has arisen within its territorial limits.
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
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