BODHRAJ SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for issuance of a writ quashing orders dated December 15, 1973 and April 2, 1974 passed by the Divisional Commercial Superintendent, Ferozpur, and Divisional Superintendent, Ferozpur, respectively where -by the penalty of debit of six sets of passes and 12 -sets of PTOs was imposed upon the petitioner.

(2.) MR . Avtar Singh, learned counsel for the respondents, has raised two -fold objection to the maintainability of the petition, his first objection is to the effect that since the jurisdiction of the court under Art. 226 (1 -A) of the Constitution of India is not absolute but is subject to the condition that at least a part of the cause of action for the relief claimed should have arisen within the territories in relation to which the High Court exercises jurisdiction and since no part of the cause of action for the relief claimed has arisen within the State of Jammu and Kashmir, the writ petition cannot be entertained. In support of this submission he has relied upon a decision of the Allahabad High Court in the Purtabpora Co. Ltd. V&. Cane Commissioner, Bihar, New Secretariat Patna in the State of Bihar and others, AIR 1969 All. 105 where it was held as follows: - "Under Art. 226 (1 -A) of the Constitution of India a High Court is competent to issue a writ against any Government authority or person situated or residing outside its territorial jurisdiction provided it is established, that the cause of action for the relief claimed arose wholly or partly within its territorial jurisdiction."

(3.) HIS second objection is that the impugned orders having been passed in December, 1973 and April, 1974, the writ petition which has been brought in July, 1975, cannot be entertained as the petitioner has been guilty of laches.