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REKHA BORANA
Mohd. Sajid Khan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Rekha Borana, J. - A preliminary objection has been raised by learned counsel for the respondent-State as well as the private respondent that the present petitioners were posted as Chief Medical & Health Officer at Jhalawar and Chief Medical & Health Officer at Jhunjhunu and vide impugned orders, they have been posted at District Hospital, Jhalawar and District Hospital, Jhunjhunu respectively. Therefore, the jurisdiction to hear the present petitions lie with Jaipur Bench of this Court in terms of Notification No. 1/J.B. dated 23.12.1976 issued by the Chief Justice of the Rajasthan High Court.
2. Learned counsel for the respondents relied upon the judgments passed in Virendra Dangi v. Union of India: [(1992) Supreme(Raj.) 585] and Harsh Shiksha Evam Seva Sansthan v. State of Rajasthan [(2020) 1 RLW(Raj.) 108].
3. Per contra learned counsel for the petitioners while relying upon the judgment passed in Rajasthan High Court Advocates' Association v. Union of India & Ors.: [(2001) 2 SCC 294] submitted that the question whether the cause of action in a case arises within the territorial jurisdiction of the Bench/Seat or not has to be decided judicially case to case by the Court c
The main legal point established in the judgment is the interpretation of 'cause of action' and the jurisdictional implications based on the notification No. 1/J.B. dated 23.12.1976 and relevant case....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
The territorial jurisdiction for hearing writ petitions under Article 227 is determined by the location of the original authority, not the appellate authority, as mandated by administrative rules.
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the court for it to have the authority to decide the case on merits.
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