The Patna High Court dismissed a writ application filed by a petitioner against the Union of India and military authorities on the ground of lack of territorial jurisdiction, stating the cause of action arose outside this court's limits.
Petitioner directed to move the court or forum exercising jurisdiction over the cause of action.
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.
Patna High Court CWJC No.7784 of 2015 (2) dt.17-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7784 of 2015
====================================================== Nihal, son of Sri Om Prakash Choudhary, permanent resident of Opposite Chand Mishra Mahal, K.N. Jha Lane, Nath Nagar, Police Station- Nath Nagar, District- Bhagalpur through his father namely Om Prakash Choudhary, Son of late D.P Choudhary, resident of opposite Chand Mishra Mahal, K.N. Jha Lane, Nath Nagar, Police Station- Nath Nagar, DistrictBhagalpur. .... .... Petitioner. Versus 1. The Union of India through the Chief of Army Staff. 2. The Chief of Army Staff, Sena Bhawan, New Delhi. 3. The College of Military Engineering, Pune through its Commandant. 4. The Commandant, The College of Military Engineering, Pune. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi, Advocate For the Respondent/s : Mr. Sanjay Kumar (ASG), Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 2 17-07-2015 The writ application is dismissed on the ground of territorial jurisdiction as no cause of action has arisen within the territorial jurisdiction of this Court. Petitioner will be free to move the court or forum exercising jurisdiction over the cause of action.
(Ajay Kumar Tripathi, J.)
Kamlesh
U
Nihal, son of Sri Om Prakash Choudhary
The Union of India through the Chief of Army Staff
The Chief of Army Staff, Sena Bhawan, New Delhi
The College of Military Engineering, Pune through its Commandant
The Commandant, The College of Military Engineering, Pune
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
