Jagadish Situlia v. Union Of India & ORS

06.03.2024.

Item No.

M/L-37 Court No.5 Saswata W.P.A. 3311 of 2014 Jagdish Situlia versus Union of India & Ors.

Mr. Sundarananda Pal Mr. Somnath Ganopadhyay ...For the petitioner

1. Challenging the order dated 13th September 2012 passed by the Commandant, 37th Battalion, Central Reserve Police Force, Aheri, Garchiroli, Maharashtra, the order dated January 2013 passed by the Deputy Inspector General of Police, Central Reserve Police Force, Gandhinagar Range, Gujarat (382042) and the order dated 27nd April 2013 passed by the Inspector General of Police, Western Sector, Central Reserve Police Force, 3rd Floor, CGO complex, CBD Belapur, Navi Mumbai (M.S.), 400614, the instant writ petition has been filed.

2. It prima facie appears that no part of the cause of action for filing the writ petition had arisen within the jurisdiction of this Court. Records of the case are also situated outside the jurisdiction of this Court. At this stage since, the petitioner seeks leave to withdraw the aforesaid writ petition with liberty to file a fresh, the writ petition being WPA 3311 of 2014 is dismissed as withdrawn with liberty to

the petitioner to file the same afresh before the Court having appropriate jurisdiction.

3. Further since the petitioner was pursuing its remedy before this Court which did not have territorial jurisdiction to entertain the writ petition, the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act.

4. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis upon completion of requisite formalities.

(Raja Basu Chowdhury, J.)