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NIRAL R. MEHTA
Amit Hiteshbhai Pandya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of this petition, the petitioner seeks to invoke jurisdiction of this Court under Article 226(2) of the Constitution of India, challenging, inter alia, the order dated 4th May 2022 passed in CRM/1306/2022 passed by the learned Judicial Magistrate First Class, Fatehgarh Sahib, Punjab; by which the learned J.M.F.C, Fatehgarh Sahib, Punjab has directed to block the following links with immediate effect:
II. https://www.facebook.com/bharatvikas
III. https://www.facebook.com/ForBJPGujarat
2. Brief facts giving rise to the present petition can be narrated as under:
[2.1] The petitioner claims himself to be engaged in social activities and associated with (i) Nation First Foundation as Trustee, Gandhinagar, (ii) Niharika Art Foundation – Trustee, Vadodara, (iii) Udgam Charitable Trust – Consultant, (iv) Indian Lions – Member (v) Swarveena – Coordinators, (vi) Bhartiya Janta Party , Gujarat – Incharge, Social Media North Zone.
[2.2] Pursuant to his social activities, the petitioner has created and managing community page on facebook namely “Adikham Gujarat”, wherein various posts are being pasted about Gujarat’s governance, measure
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
The jurisdiction to challenge actions of the Jaipur Development Authority under the Jaipur Development Authority Act, 1982, is maintainable under Article 227 of the Constitution, not Article 226.
The main legal point established in the judgment is the interpretation of 'cause of action' and the concept of territorial jurisdiction under Article 226 of the Constitution in relation to the notice....
Judicial orders in criminal cases are not amenable to writ jurisdiction under Article 226, requiring challenges to follow remedies under Article 227, as clarified by statutory provisions.
High Court's jurisdiction to entertain a writ petition under Article 226 is contingent upon the presence of a cause of action within its territorial limits, as clarified by recent rulings.
The court emphasized the necessity of providing a hearing before passing orders affecting parties' rights, reinforcing the supervisory nature of Article 227 over judicial decisions.
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