← Library
Patna High CourtCWJC/9723/2021dismissed

Manish Kumar Maharaj v. The Union Of India

2023-07-20Mr. Justice Madhuresh Prasad1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9723 of 2021 ====================================================== Manish Kumar Maharaj, Son of Late Vijay Kumar Maharaj, Resident of Village and Post Naya Mohammadpur, P.S.- Koilwar, District- Bhojpur, Bihar at present residing at 10 BN BSF Shikar Dera Baba Nanak, DistrictGurdaspur, Punjab. ... ... Petitioner/s

Versus

1.

The Union of India 2.

Commandant, 10 Battalion, Border Security Force, Shikar Dera Baba Nanak, Gurdaspur, Punjab.

3.

Deputy Commandant, 10 Battalion, Border Security Force, Shikar Dera Baba Nanak, Gurdaspur, Punjab.

4.

Assistant Commandant, 10 Battalion, Border Security Force, Shikar Dera Baba Nanak, Gurdaspur, Punjab.

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

For the Petitioner/s :

Mr.Rajan Ghoshrave, Advocate For the Respondent/s :

Mr.Ravinder Kumar Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2023 1.

On being faced with the issue of maintainability for want of territorial jurisdiction, in view of the provisions contained in Article 226 of the Constitution of India as interpreted by the Hon'ble Apex Court in the case of Nawal Kishore Sharma vs. Union of India & Ors. reported in (2014) 9 SCC 329, learned counsel for the petitioner submits that he would be pursuing his remedy before the Court of competent jurisdiction.

2.

The writ petition is accordingly dismissed.

(Madhuresh Prasad, J) SUMIT/- U