Court held that since respondent no. 1 is outside the Original Side jurisdiction, it cannot be taken there under Writ Rules (Rule 4). Petition dismissed with liberty to file in Appellate Side.
Liberty to file the petition in the Appellate Side of this Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
OD - 5
ORDER SHEET
WPO/62/2021
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE
HINDUSTHAN INDUSTRIES AND MINING CORPORATION AND ORS Versus UNION OF INDIA AND ORS
BEFORE:
The Hon’ble JUSTICE ABHIJIT GANGOPADHYAY Date: 11th February, 2021
Appearance: Mr. Rachit Lakhmani, Adv. Mr. Avishek Das, Adv. … for the petitioners
Mr. A. Kankani, Adv. …for the State
The Court: The matter has been filed in the Original Side.
According to the Writ Rules (Rule 4) all the respondents are to be within the jurisdiction of Original Side.
The respondent no. 1 is outside the Original Side jurisdiction. Hence, the matter cannot be taken in the Original Side.
The matter is accordingly dismissed.
The petitioners shall have the liberty to file it in the Appellate Side
of this Court.
(ABHIJIT GANGOPADHYAY, J.)
RS
2 issues framed by the court
Whether the respondent no. 1 falls within the territorial jurisdiction of the Original Side jurisdiction for filing the writ petition.
What is the consequence when a respondent lies outside the Original Side jurisdiction under Writ Rules (Rule 4).
1 provisions across 1 enactments
HINDUSTHAN INDUSTRIES AND MINING CORPORATION AND ORS
UNION OF INDIA AND ORS
ABHIJIT GANGOPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
