Jitender Singh v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1408/2016 JITENDER SINGH ..... Petitioner Through:

Mr. Arun Srivastava, Advocate versus UNION OF INDIA & ORS .....Respondents Through:

Mr. Gigi C. George, Advocate, with Mr. S.S. Sejwal, Law Officer, CRPF

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 22.02.2016 1.

The present petition has been listed subject to an office objection with regard to its maintainability on account of lack of territorial jurisdiction.

2.

A perusal of the paper-book reveals that petitioner's appeal was decided vide order dated 30th January, 2013, passed by the Inspector General of Police, Gomti Nagar, Lucknow, U.P.. 3.

Learned counsel for the respondents states that the petitioner is a resident of Uttarakhand and had earlier approached the Uttarakhand High Court for appropriate relief by filing a petition, which was decided by a judgment dated 12th July, 2005.

Subsequently, the petitioner had again approached the Uttarakhand High Court against an order dated 27th January, 2007, passed by the Commandant, who was based at Nagaland. The said W.P.(C) 1408/2016

petition was opposed by the respondents on the ground of lack of territorial jurisdiction.

At that stage, learned counsel for the petitioner had withdrawn the petition with liberty to approach the appropriate Forum.

4.

Order dated 21st August, 2012, passed by the Uttarakhand High Court in WPSS No.741/2008, has been annexed at page 79 of the paper-book and marked as Annexure P-5. Now, the petitioner seeks to assail the order dated 30th January, 2013, passed by the office of the Inspector General of Police, Lucknow. 5.

On enquiring from learned counsel for the petitioner as to how would the petition be maintainable in this Court, he states that he may be permitted to withdraw the same while granting liberty to approach the competent Court vested with territorial jurisdiction for assailing the order of 30th January, 2013, in the light of the O.M. dated 3rd December, 1985.

6.

Liberty as prayed for is granted.

7.

The present petition is dismissed as not pressed. HIMA KOHLI, J SUNIL GAUR, J FEBRUARY 22, 2016 s W.P.(C) 1408/2016