PURENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following relief:-

(2.) It is submitted by the counsel for the petitioner that the petitioner had applied for grant of permit for plying bus on the route from Shahdol to Allahabad and the permit has been wrongly granted to respondents No.3 to 6. Per contra, the petition is vehemently opposed by the counsel for the respondent/State. It is submitted that although the order has been passed by the authority functioning within the territorial jurisdiction of the Court but in the light of the judgment passed by the Supreme Court in the case of Kusum Ingots & Alloys Ltd. vs. Union of India reported in (2004) 6 SCC 254, this Court can refuse to exercise its jurisdiction in the light of forum conveniens. Shahdol falls within the territorial jurisdiction of Principal Seat of this Court whereas Allahabad falls within the territorial jurisdiction of Allahabad High Court. Therefore, the petitioner must approach any of the above-mentioned Court. Heard the learned counsel for the parties.

(3.) This Court in the case of Moh. Abid Siddique vs. State of M.P. & Others by order dtd. 28/9/2021 passed in W.P.No.19264/2021 has held as under:-