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MANINDRA MOHAN SHRIVASTAVA, ASHUTOSH KUMAR
Mansoor Ali S/o Mohd. Ayub – Appellant
Versus
Union of India, through Secretary, New Delhi – Respondent
ORDER :
1. Heard on application for condonation of delay in filing the appeal.
2. Taking into consideration the short period of delay and cause shown in the application, despite objection, the delay in filing the appeal is condoned. Application for condonation of delay is allowed.
3. With the consent of the parties, this appeal is heard finally.
4. The only issue raised by learned counsel for the appellant-petitioner is that once the learned Single Judge observed that the Rajasthan High Court, Bench at Jaipur had no territorial jurisdiction, it ought not to have decided the case on merits.
5. Learned counsel for the respondents would submit that as the appellant-petitioner himself had approached the Court, the learned Single Judge examined the merits of the case.
6. We have gone through the contents of the petition and the order which has been passed by the learned Single Judge.
7. Apparently, the appellant-petitioner was proceeded against and was terminated from service while he was posted at Nagaland. He preferred an appeal before the Appellate Authority stationed at Patna, Bihar, who decided his appeal. Thereafter, revision petition against the order passed by the Appellate Authority w
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
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 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....
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.
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.
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