The dismissal of a writ petition based solely on territorial jurisdiction is not justified, and the case should be heard and disposed of on its merits.

( 1 ) HEARD Sri Sudhakar Pandey, learned advocate for the appellant and Sri Subodh Kumar, learned counsel for the respondents.

( 2 ) THIS special appeal is directed against an order of the learned single Judge dismissing the writ petition filed by the writ petitioner-appellant.

( 3 ) IN the Instant case, the Chief of the Army Staff being the appellate authority had dismissed the appeal under the Army Act which was preferred by the writ petitioner. It may also be taken note of that the writ petition was filed in the year 1984 and dismissed only on the ground of territorial jurisdiction in the year 1995. In this connection, we may refer to an unreported decision of the supreme Court in C. A. Wo. 92 of 2001, Dinesh Chandra Gahtori v. Chief of Army Staff and anr. , decided on 19th January, 2001. wherein it has, inter alia, been held : the writ petition was filed in 1992. The impugned order was passed in 1999. This is a fact that the High Court should have taken into consideration. More importantly, it should have taken into consideration the fact that the Chief of Army Staff may be sued anywhere in the country. Placing reliance only on the cause of action, as the High Court did. was not justified. "

( 4 ) FOLLOWING the principle as laid down by the Supreme Court in the aforesaid decision, we are of the view that the writ petition should not have been dismissed merely on the ground of territorial Jurisdiction and should be heard and disposed of on merits.

( 5 ) ACCORDINGLY, the special appeal is allowed and the order of the learned single Judge is set aside. The writ petition is restored to file and it shall be listed before the learned single Judge dealing with such matters. Sri Subodh Kumar prays for and is allowed three weeks time to file counter-affidavit. Rejoinder-affidavit be filed within one week thereafter. List the writ petition after six weeks. It is expected that the writ petition shall be taken up and disposed of early since this is a very old matter subject, however, to the convenience of the learned single Judge.

.