CHINTESHWAR STEEL PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE issue involved in the present appeal is whether this Court has territorial jurisdiction and if so, whether it should exercise it keeping in view the principles of forum conveniens.

(2.) IT is pertinent to mention that the writ petition was filed challenging the decision of the State Government granting prospecting licence to respondent no. 3. However, learned Single Judge vide judgment and order dated 8th October, 2012 dismissed the appellant 's writ petition on the ground that this Court was not the convenient forum.

(3.) MR . Gupta further submitted that the learned Single Judge failed to appreciate that this Court in Vishnu Security Services Vs. Regional Provident Fund Commissioner, 2012 (129) DRJ 661 after analysing the Full Bench judgment in Sterling Agro Industries Ltd. vs. Union of India & Ors., 181 (2011) DLT 658 (LB) had held that where original authority is situated in one State and the appellate authority is situated in another, then the writ would be maintainable in both the courts and it is for the petitioner to chose his forum.