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2017 Supreme(Raj) 1269

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, J.
Dr. Anil Shukla Son of Late Shri C.L. Shukla - Petitioner
Versus
National Council for Teacher Education & Ors. - Respondents
S.B. Civil Writ Petition No. 10922 of 2017
Decided On : 27-11-2017

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Saransh Sain
For the Respondents: Mr. A.K.Sharma, Sr.Counsel with Mr. Ashish Sharma

Headnote:

Civil Procedure Code,1908 - Constitution of India,1950 - Article 226(2) - Claim of past service - Possession of land acquired - Jurisdiction - respondents state that charge sheet issued to petitioner vide memorandum December was issued from office of National Council of Teachers Education New Delhi - Petitioner at time of issuing charge sheet was holding the post of Deputy Secretary of NCTE New Delhi - Contents of charge sheet relate to submission of false and fraudulent claim of past service as Principal by petitioner – Held, In court considered view issue involved in present writ petition relating to charge sheet cannot be said to be same subject matter or cause of action in continuation of writ proceedings which were undertaken earlier - Cause of action relating to charge sheet and contents thereof are completely separable and distinguishable from judgment which has been rendered earlier by this Court - As petitioner is posted in Delhi and the charge sheet has also been issued from Delhi jurisdiction to examine veracity and legality of the departmental proceedings would therefore not lie within territorial jurisdiction of this Court - Writ Petition dismissed

JUDGMENT & ORDER :

1. A preliminary objection has been raised by the respondents relating to maintainability of the writ petition in terms of the Article 226(2) of the Constitution of India. The respondents state that the charge sheet issued to the petitioner vide memorandum dated 20th December, 2016 was issued from the office of National Council of Teachers Education, New Delhi. The petitioner at the time of issuing charge sheet was holding the post of Deputy Secretary of NCTE, Hans Bhawan New Delhi. The contents of the charge sheet relate to submission of false and fraudulent claim of past service as Principal by the petitioner. Thus, it is submitted that the jurisdiction of this Court does not lie to examine the said memorandum issued by the Chair person, NCTE at New Delhi.

2. Learned Sr. Counsel submits that law relating to territorial jurisdiction has been settled in the case of State of Rajasthan & ors. Vs. M/s Swaika Properties and Anr.- 1985(3)SCC217, which reads as under:

“7. Upon these facts , we are satisfied that the cause of action neither wholly nor in part arose within the territorial limits of the Calcutta High Court and therefore the learned Single Judge had no jurisdiction to issue a rule nisi on the petition filed by the respondents under Art. 226of the Constitution or to make the ad-interim ex-parte prohibitory order restraining the appellants from taking any steps to take possession of the land acquired. Under sub-s. (5) of s. 52 of the Act the appellants were entitled to require the respondents to surrender or deliver possession of the lands acquired forthwith and upon their failure to do so , take immediate steps to secure such possession under sub-s. (6) thereof.

8. The expression 'cause of action' is tersely defined in Mulla's Code of Civil Procedure:

"The 'cause of action' means every fact which , if traversed , it would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court."

In other words , it is a bundle of facts which taken with the law applicable to them gives the plaintiff a right to relief against the defendant. The mere service of notice under s. 52(2) of the Act on the respondents at their registered office at 18-B , Brabourne Road , Calcutta i.e. within the territorial limits of the State of West Bengal , could not give rise to a cause of action within that territory unless the service of such notice was an integral part of the cause of action. The entire cause of action culminating in the acquisition of the land under s. 52(1) of the Act arose within the State of Rajasthan i.e. within the territorial jurisdiction of the Rajasthan High Court at the Jaipur Bench. The answer to the question whether service of notice is an integral part of the cause of action within the meaning of Art. 226(2) of the Constitution must depend upon the nature of the impugned order giving rise to a cause of action. The notification dated February 8 , 1984 issued by the State Government under s. 52(1) of the Act became effective the moment it was published in the official Gazette as thereupon the notified land became vested in the State Government free from all encumbrances. It was not necessary for the respondents to plead the service of notice on them by the Special Officer , Town Planning Department , Jaipur under s. 52(2) for the grant of an appropriate writ , direction or order under Art. 226 of the Constitution for quashing the notification issued by the State Government under s. 52(1) of the Act. If the respondents felt aggrieved by the acquisition of their lands situate at Jaipur and wanted to challenge the validity of the notification issued by the State Government of Rajasthan under s. 52(1) of the Act by a petition under Art. 226 of the Constitution , the remedy of the respondents of the grant of such relief had to be sought by filing such a petition before the Rajasthan High Court , Jaipur Bench , where the cause of action wholly or in part arose.”

3. He relies on judg






























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