SHOBHA RAM AHIRWAR Vs. NTPC LIMITED & ORS.

JUDGEMENT

(1.) With respect to this Court lacking territorial jurisdiction, as also being a forum non-conveniens, a detailed order was passed on 25.1.2017, which reads as under:-

(2.) The impugned letters/orders which are challenged by means of the present writ petition are dated 6.7.2015 and 30.7.2015, which read as under:-

(3.) Territorial jurisdiction of a Court exists if either whole or a part of cause of action arises within its territory, and the cause of action arises in the present case on account of challenge to the impugned letters dated 6.7.2015 and 30.7.2015. These letters however achieve finality by their communication, and which communication is admittedly done to the petitioner at Delhi but at Dadri, UP vide Sethi Auto Service Station and Another v. Delhi Development Authority and Others, 2009 (1) SCC 180 . The entire cause of action therefore with respect to challenge to the impugned letters dated 6.7.2015 and 30.7.2015 arises outside Delhi, and at Dadri, UP and therefore, this Court does have territorial jurisdiction. Once this Court does have territorial jurisdiction because neither whole nor a part of the cause of action has arisen in Delhi, accordingly, the writ petition has to be and accordingly liable to be dismissed for lacking territorial jurisdiction.