A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territory; otherwise, the petition may be dismissed.

1. The Petitioner has approached this Court with following prayers:

“A. Issue an appropriate Writ, Order or Direction including a Writ in the nature of a Mandamus directing Respondent Nos. 1 to 6 to implement and give complete effect to the Agreement/ Gift Deed dated 24.04.1949 including the mutation of the Defense Lands in favor of Respondent No. 2 in the Civil Land Revenue Records; B. Issue an appropriate Writ, Order or Direction including a Writ in the nature of a Mandamus directing Respondent Nos. 1 to 6 to conduct an enquiry or investigation into the Defense Lands covered under the Agreement/ Gift Deed dated 24.04.1949, reclaim the Defense Lands that have been encroached/usurped/misappropriated and restore the same to Respondent No. 2 as per the Agreement / Gift Deed dated 24.04.1949; C. Issue an appropriate Writ, Order or Direction including a Writ in the nature of a Mandamus directing Respondent Nos. 1 and 2 to conduct an enquiry or investigation into the serious lapses, irregularities, and misuse of the Defense Lands covered under the Agreement/ Gift Deed dated 24.04.1949 and take punitive action against the erring Respondents, their officers and individuals who are found committing illegalities as regards the use and occupation of the subject Defense Lands.”

2. The facts of the case reveal that the land in question belonged to the 13th Mahajara of Panna Late Lt. Col. Mahendra Maharaja Yadvendra Singh Ju Dev. After India gained independence, an Instrument of Accession and Standstill Agreement was entered into by the 13th Mahajara of Panna with the Dominion of India on 27.11.1947. On 27.08.1948, a Covenant was entered into by 35 Ruler States, formerly Bundelkhand and Bagelkhand States, to form United State of Vindhya Pradesh. On 24.04.1949, a Gift Deed was executed by the Maharaja of Panna whereby lands forming part of 1911 villages in Vindhya Pradesh were donated in favour of Military of Panna, Ministry of Defence, India. On 26.12.1949, A Vindhya Pradesh Merger Agreement was entered into whereby the Covenant dated 27.08.1948 was abrogated and the exclusive jurisdiction and authority of the complete Union State was ceded to the Dominion Government as the administration of Union State of Vindhya Pradesh was becoming difficult.

The said Agreement came into effect from 01.01.1950.

3. It is stated that the land which was given in gift by the 13th Mahajara of Panna is being mismanaged and is not being put to use for which the land was gifted. Various Audit Reports have been filed by the Petitioner to show that the land is being mismanaged and the purpose of the Gift Deed is not being implemented. It is stated that despite the fact that this issue has been raised before Respondent Nos.1 and 2, no action has been taken by Respondent Nos.1 and 2. It is stated that there are several encroachments on the land which are not being removed and portions of land are being sold and also third party rights are being created and complaining inaction on the part of the Respondents, the Petitioner has approached this Court with the aforesaid prayers.

4. The Gift Deed dated 24.04.1949 has not been executed in Delhi. The land in question is in Madhya Pradesh. Material on record indicates that the concerned office is Principal Director, Defence Estate, Central Command, 17, Cariappa Road, Lucknow Cantt – 226002 for overseeing the management of the land in question.

5. This Court is, therefore, of the opinion that no cause of action has arisen within the territorial jurisdiction of Delhi.

6. The learned Senior Counsel appearing for the Petitioner contends that the land in question has been donated to Union of India and, therefore, this Court has jurisdiction to entertain the instant writ petition under Article 226(2) of the Constitution of India. The said contention of the learned Senior Counsel for the Petitioner cannot be accepted. The Apex Court in “State of Goa vs. Summit Online Trade Solutions (P) Ltd.”, 2023 SCC OnLine SC 254, while dea