Article 226 territorial jurisdiction turns on the appellate order as part of the cause of action after merger.

A writ petition under Article 226 may be maintained where the appellate authority is located within the High Court's territorial jurisdiction, because the appellate order forms part of the cause of action after the original order is carried in appeal. The doctrine of merger applies, so the original order merges into the appellate order and the appellate order becomes the operative order for challenge. In that situation, the litigant may choose the forum where the appellate authority is situated as a convenient forum. Decisions on statutory appeals were distinguished as not governing writ jurisdiction under Article 226.

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Issues: Whether a writ petition challenging an appellate order is maintainable in the High Court within whose territorial jurisdiction the appellate authority is situated, when the original authority is located elsewhere and the original order merges in the appellate order.

Analysis: The constitutional scheme under Article 226 after its amendment makes the accrual of cause of action, wholly or in part, a valid jurisdictional basis. Where an original order is carried in appeal and the appellate authority is situated in a different place, the appellate order itself forms part of the cause of action because it is the operative order after disposal of the appeal. The doctrine of merger applies, so the original order merges into the appellate order. In such a situation, the litigant may choose the forum where the appellate authority is situated, as the appellate forum is a conveniens forum for the challenge. The decisions dealing with statutory appeals were distinguished as not governing writ jurisdiction under Article 226.

Conclusion: The writ petition was maintainable in the Delhi High Court because the appellate authority was situated in Delhi and the appellate order gave rise to part of the cause of action.

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