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Calcutta High CourtWPA/25392/2023dismissed as withdrawn

Priti Rajak v. Coal India Limited And ORS.

2024-08-05Hon'Ble Justice Arindam Mukherjee1 pages

05.08.2024 Sl. No. 13 Ct. No. 23 Srimanta WPA/25392/2023 Priti Rajak -Vs.- Coal India Limited & Ors.

Mr. Pralay Bhattacharya ...for the petitioner.

Mr. S. M. Obaidullah, Mr. Nikhil Kumar Roy ...for the respondent nos. 1 to 7.

After hearing the parties and considering the materials-on-record I find that this Court lacks the territorial jurisdiction to receive, try and determine the writ petition as the petitioner's cause of action, if any, has accrued wholly outside the jurisdiction of this State. The respondents have relied upon a judgment dated 1st May, 2023 passed in WPA/7625/2023 (Shyama Prasad Kundu -Vs.- The Union of India & Ors.) in support of their contention that this Court lacks in jurisdiction.

In the aforesaid facts and circumstances, the writ petition is dismissed as withdrawn with liberty to file afresh on the selfsame cause if otherwise eligible in law before the appropriate forum. The time spent between 13th October, 2023 and 5th August, 2024 shall be construed to have been proceeded bona fide before a Court without jurisdiction.

(Arindam Mukherjee, J.)