TaxTMI 
TaxTMI 
2020 (5) TMI 728
X X X X Extracts X X X X
X X X X Extracts X X X X
....are within the territorial jurisdiction of the Principal seat at Bombay. 4. In so far as Writ Petition No. 566 of 2020 is concerned, the petitioner applied under the Right to Information Act to respondents demanding the information detailed in the application. The petitioner filed first appeal and, thereafter second appeal. According to the petitioner, the second appeal is allowed. The petitioner seeks directions against respondent Nos. 4 and 5 to provide information as per his application and also seeks directions against the respondent No. 1 to initiate disciplinary action against respondent Nos. 4 and 5. The respondent No. 1 is at Mumbai. The respondent Nos. 3 to 5 are the offices situated at Pune. These respondents are within territorial jurisdiction of the Principal seat at Bombay. 5. Mr. Deshmukh and Mr. Kokad, the learned advocates for respective petitioners strenuously contend that, the petitioners are residents within the territorial jurisdiction of this Court. They had applied to the respondents from their places of residence within the jurisdiction of this Court. Part of cause of action has arisen within the territorial jurisdiction of this Court. If part of cause of a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pur Bench. 7. Jurisdiction connotes authority to decide. A judgment by a Court lacking jurisdiction is coram non judice. 8. The issue of jurisdiction in entertaining the writ petition would revolve around Article 226(2) of the Constitution. It would be appropriate to refer to Article 226(2) of the Constitution. The same reads thus. CONSTITUTION OF INDIA 1. ... ....... 2. ... ...... 226. Power of High Courts to issue certain writs. (1) ....... (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. 9. Reading Clause (2) of the Article 226 of the Constitution, it is explicit that, the Court exercising power under Article 226 can issue writs contemplat....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... interim order. Considering all facts together part of fraction of cause of action did arise within jurisdiction of High Court where appellant received letter of refusal disentitling him from disability compensation." 12. The Nagpur Bench of this Court in Writ Petition No 3253 of 2014 in case of Sanjay Baldeo Ramteke Vs. State of Maharashtra (supra) observed that, place of residence of petitioner would not be relevant, but what is relevant is that cause of action wholly or in part arises within the territorial jurisdiction of the Court. In the said case, the petitioner therein had applied pursuant to the advertisement for filling the post at Nagpur, Aurangabad, Jalgaon, etc. on the establishment of MSEDCL. The Court held that, part of cause of action has arisen, because respondents therein acted only on the basis of the letter of Superintendent of Police, Gondia which emanated from Gondia. That was the only reason for cancellation of the appointment order. 13. The Nagpur Bench in Writ Petition No. 4343 of 2016 in case of Shri Asif Shaukat Qureshi Vs. State of Maharashtra and another (supra) held that, part of cause of action has arisen within limits of said Court as the jurisdict....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ament to amend Article 226 and insert clause 1A by the 15th Amendment 1967 and subsequently renumbered clause 2 of Article 226 of the Constitution by Constitution's (Forty Second) Amendment Act. The said amendment provided that the High Court within which the cause of action arise wholly or in part would also have jurisdiction to entertain the petition under Article 226 of the Constitution. 18. The extraordinary jurisdiction of this Court under Article 226 of the Constitution is sky high, but also has a regulation coming along under Article 226(2). The powers of this Court under Article 226 is sacrosanct. No statute or legislature can limit the powers of this Court under Article 226 of the Constitution. The constitution does not place fetter on exercise of extraordinary jurisdiction. This Court would exercise its authority, power or jurisdiction within its territorial realm. This Court normally would not travel beyond its limits. 19. Reading Article 226 (1) and (2) of the Constitution, a petition under Article 226 can be entertained before any of the High Court: i) Within whose territorial jurisdiction the person or authority against whom relief is sought ....