ROHIT ARYA
Pushpa Bai – Appellant
Versus
Board of Revenue, M. P. , Gwalior – Respondent
1. The issue related to territorial jurisdiction of High Court and/or Benches thereof exercising power under Article 226 of the Constitution of India, i.e. the territories within which the cause of action, wholly or in part, arises, as involved in this case, is considered to be of public importance. The incidental question related to concept of forum conveniens or forum non-conveniens also is of significant importance connected with the aforesaid issue. This Court proposes to answer both issues in the factual backdrop of the case in hand.
2. Relevant facts are to the effect that the land admeasuring 12182.6 sqft., Plot No.691/2, sheet No.155-D falling in Subhash Nagar (Subhadra Kumari Chauhan Ward) Jabalpur (hereinafter referred to as “the land in question”) was of the ownership and in possession of one Ramesh Singh Thakur-respondent No.2. The competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the Act of 1976”) in Case No.1045/Aa-90-Ba-9/76-77 vide its order dated 24.5.1988 declared the land in question as surplus land and accordingly corresponding changes were made in the land records. During pendency of ceiling proceeding
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