Rajesh Sharma v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13545 of 2008 ====================================================== Rajesh Sharma, Son of Shri Vidya Sharma, resident of Village- Bherhariya, Post Office- Shiyarampur, Police Station- Paliganj, District- Patna. .... .... Petitioner

Versus

1. The Union of India through the Director General, B.S.F., Lodhi Road, New Delhi.

2. The Director General, Border Security Force, Central Office Complex, Lodhi Road, New Delhi.

3. The Deputy Inspector General, B.S.F. Station Headquarter, Siliguri, West Bengal.

4. The Commandant 118, Batallion, Gulshan Nagar, Budgam, Srinagar.

5. Sri G.S. Tirky, Assistant Commander, 118, Bn B.S.F., Gulshan Nagar, Budgam, Srinagar.

6. Sri A. K. Rai, ASI, 118, Batallion BSF, Gulshan Nagar, Budgam, Srinagar. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kr.Singh, Adv. Mr. Pramod Kumar, Adv.

For the Respondent/s : Mr. Anjani Kumar Sharan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-08-2016 None appears on behalf of the petitioner.

Mr. Anjani Kumar Sharan, learned counsel for the Union of India appears and raises preliminary objection as regarding the maintainability of the writ petition on grounds that whereas the Summary Court trial against the petitioner was held in Srinagar, even the appellate order was passed at New Delhi and thus no part of cause of action has taken place within the jurisdiction of this Court.

This writ petition was earlier dismissed for non prosecution

Patna High Court CWJC No.13545 of 2008 (5) dt.11-08-2016 2/2 on 18.6.2014 and was restored vide order passed in M.J.C.No.2186 of 2014 but the situation remains the same and there is no representation on behalf of the petitioner. Accordingly, the writ petition is dismissed for non prosecution once again.

(Jyoti Saran, J) Bibhash/- U