A writ petition seeking compensation for loss of materials during a Khadi Mahotsav was dismissed as it was filed outside the territorial jurisdiction of the State of Jharkhand, where the event occurred.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22393 of 2013
====================================================== 1. Brij Kishore Prasad Son Of Ram Dutta Prasad Resident Of Village - Industrial Area, P.S. Bettiah Muffasil, P.O. Bettiah, District - West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar Through the Secretary Government of Bihar Patna 2. The State Of Jharkhand, Ranchi Through The Secretary, Govt. of Jharkhand, Ranchi 3. The Director, Jharkhand State Khadi and Gramodyog, Rediam Road, Ranchi 4. The Chief Executive Officer, Jharkhand State, Khadi And Gramudyog Rediam Road, Ranchi 5. The Director, Khadi Gramodyog Ayog, B.V. College, Shekhpura, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnish Ranjan For the Respondent/s : Mr. Parth Sharthi ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 01-07-2016 Heard the counsel for the petitioner and Mr. Mukharjee appearing for the State of Jharkhand. The petitioner is the proprietor of M/S B.K. Enterprises and deals in sale of small readymade garments under Rural Employment Generation Programme . A khadi gramudyog Mahotsav was organized in the State of Jharkhand (Annexure-1). The units engaged in production of khadi garments were also instructed /advised to participate in the said Mahotsav and make the same a successful event. Petitioner participated in the Mahotsav held in Ranchi. Unfortunately, on the night of
Patna High Court CWJC No.22393 of 2013 (2) dt.01-07-2016
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31.12.2011 due to heavy rain the over head cover of stall fell off which caused loss the articles/materials staked by the petitioner in the stall. The writ application prays for payment of compensation for the loss suffered by him on account of incessant rain.
On going through the diverse pleadings in the writ petition and after considering objection raised by the respondents, in my view, the cause of action, if any, had arisen within the territorial jurisdiction of the State of Jharkhand. The petitioner ought to have approached the Court in Jharkhand for the relief. As I have declined to entertain the application, the submission of the parties with respect to the merit of the claim are not being noticed. The writ application is dismissed.
Dismissal of this application shall, however, not preclude the petitioner from approaching the Court of competent jurisdiction for redressal of his grievance in accordance with law.
(Kishore Kumar Mandal, J)
Shyam/U
1 issue framed by the court
Whether this Court has territorial jurisdiction to entertain the writ petition filed herein.
Brij Kishore Prasad
The State of Bihar
The State of Jharkhand
The Director, Jharkhand State Khadi and Gramodyog
The Chief Executive Officer, Jharkhand State Khadi And Gramudyog
The Director, Khadi Gramodyog Ayog
Kishore Kumar Mandal
As recorded by the court registry
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