Santosh Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3927 of 2023 ====================================================== Santosh Kumar, Singh son of Jagarnath Singh, (Ex-HC/GD) Regt. No. 0648019, 37th BN, SSB, Mangaldoi, Assam, UIN- 14140751, Resident of Village and P.O. - Balligaon, P.S. - Ayar, District - Bhojpur, State - Bihar, Pin Code - 802203 ... ... Petitioner/s

Versus

1.

The Union of India through the Commandant, 37 Bn, SSB, Mangaldoi, P.O. and P.S. - Dhula, District - Darrang (Assam), Ministry of Home Affairs. 2.

They Deputy Commandant, 37th Bn. SSB, Mangaldoi, P.O. and P.S. - Dhula, District - Darrang (Assam), Ministry of Home Affairs. 3.

The Inspector General -cum-Appellate Authority, Frontier HQ, SSB, Tezpur, P.O. and P.S. - Tezpur, District - Sonitpur (Assam). 4.

The Deputy Inspector General, SHQ, SSB, Bezpara at Niz Shyamabari, Mangaldoi, District - Darrang (Assam).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Respondent/s :

Mr.Tuhin Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-08-2023

1. Learned counsel for Union of India has raised a preliminary issue that cause of action, neither in part, nor as a whole has arisen within the territorial jurisdiction of this Court. The writ petition therefore is not maintainable before this Court.

2. Learned counsel for the petitioner, being faced with the issue of maintainability on grounds of want of territorial jurisdiction, submits that he would be availing remedy before the Court of competent jurisdiction.

3. With such liberty as prayed for, writ petition is dismissed.

(Madhuresh Prasad, J) SUMIT/- U