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2005 Supreme(Raj) 758

High Court Of Rajasthan
Judgename : Govind Mathur
Ram Karan - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 1708 of 1994
Decided On : 03/21/2005

Advocates Appeared:
Mr.Rajeev Purohit, for the Petitioner.
Mr. Vijay Bishnoi, for the Respondents.
Mr. L.R. Upadhyay, Deputy Government Advocate.

Territorial jurisdiction for filing writ petitions under Article 226 of the Constitution is determined based on the district from which the cause arises.

Headnote:

Jurisdiction - Writ Petition - Territorial Jurisdiction for Filing Writ Petition

Fact of the Case:

The writ petition was filed in the Rajasthan High Court at Jodhpur, but the cause originated in the Revenue District of Ajmer, leading to a question of territorial jurisdiction for redressal of the petitioner's grievance.

Finding of the Court:

The court held that the cause originating in the Revenue District of Ajmer falls under the jurisdiction of the Jaipur Bench of the Rajasthan High Court for adjudication under Article 226 of the Constitution.

Issues: Territorial jurisdiction for filing writ petition under Article 226 of the Constitution.

Ratio Decidendi: The court applied the test of determining the jurisdiction based on the district from which the case arises, as established in the case of Rajasthan High Court Advocates Association vs. Union of India & Ors. The jurisdiction was determined to be with the Jaipur Bench of the Rajasthan High Court.

Final Decision: The court directed the Registry to place the record of the case before the Chief Justice for passing appropriate orders to transfer the writ petition to the Jaipur Bench of the Rajasthan High Court.

Judgment

Govind Mathur, J.-This writ petition is directed against the Judgment dated 211.1993 passed by Board of Revenue for Rajasthan, Ajmer in Appeal Decree No. 227/91/TA/Ajmer, Omprakash & Ors. vs. Ramkaran & Anr. The Board of Revenue by aforesaid order accepted the appeal and set aside the Judgment and decree of Revenue Appellate Authority, Ajmer dated 05.07.1991. The Revenue Appellate Authority by Judgment dated 05.07.1991 rejected the appeal preferred by Shri Omprakash and 9 others and maintained the Judgment and decree passed by Assistant Collector, Ajmer dated 211.1985.

2. The cause sought to be agitated in present writ petition is arising out of a dispute same into existence in Revenue District of Ajmer. The territorial jurisdiction to adjudicate disputes arising out of Revenue District of Ajmer lies with Jaipur Bench of this Court in light of Presidential order dated 31.01.1977 and also in light of notification on No. 1/JB dated 212.1976 passed by the then Acting Chief Justice of this Court. Honble Supreme Court also in the case of Rajasthan High Court Advocates Association vs. Union of India & Ors., reported in 2001(2) SCC 294, held that in case of a dispute arising where an individual case or cases should be filed and heard, i.e., either at Jodhpur or Jaipur, then the same is to be decided by applying the test i.e., from which district the case arises. This clearly shows that a writ petition is required to be filed before Rajasthan High Court at Jodhpur if the cause is originated in the Revenue Districts of Jodhpur, Pali, Nagaur, Barmer, Jaisalmer, Sirohi, Jalore, Udaipur, Dungarpur, Banswara, Rajsamand, Bhilwara, Chittorgarh, Bikaner, Sriganganagar, Hanumangarh and Churu. If the cause is originated in Districts other than above then the writ petition must be filed at Jaipur Bench of this Court.

3. In the present case the cause originated in Revenue District of Ajmer, therefore, jurisdiction under Article 226 of the Constitution for redressal of grievance of the petitioner can be agitated and adjudicated before Jaipur Bench of this Court.

4. The writ petition was presented before this Court at Jodhpur by the petitioner in the year 1994, as such instead to return record of the case to petitioner for proper presentation before Jaipur Bench of this Court, I consider it appropriate to direct Registry of this Court to place record of the case before Honble the Chief Justice for passing appropriate order with regard to transfer of this writ petition to Jaipur Bench of this Court.



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