Patna High Court - Orders
Umesh Das @ Uma Shankar Kumar vs Union Of India & Ors on 11 February, 2013
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 15119 of 2006
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Umesh Das @ Uma Shankar Kumar, S/O Late Sarif Mochi resident of
Village-Fatehpur, P.S. Khijar Sarai, P.O. Hulaganj, District- Gaya.
.... .... Petitioner
Versus
1. The Union of India through the Secretary of the Ministry of Central
Public Works Department, Govt. of India, New Delhi.
2. The Director General, Central Public Works Deptt. Ministry of Central
Public Works Department, New Delhi.
3. The Assistant Director General (Works) Central Public Works
Department, Nizam Palace, 234/4 A.J.C. Bose Road, Kolkata-20.
4. The Chief Engineer (Electricity) Central Public Works Department,
Nizam Palace 234/4 A. J. C. Bose Road, Kolkata-20.
5. The Dy. Commissioner, C. H. Area, Jamshedpur.
6. The Superintending Engineer (Electricity) Patna East Electricity Circle,
Central Public Works Department, Indira Bhawan, Boring Road, Patna.
7. The Executive Engineer (E) Ranchi Central Electrical Division, Central
Public Works Deptt., Doranda Ranchi-2.
8. The Executive Engineer (Elec.) Patna East Electricity Divin. Central
Public Works Department, Punaichak, Patna-23.
9. The Superintendent of Police, Jamshedpur.
10. The Superintendent of Police, Patna.
11. Officer In-charge, Burma Mines Police Station, Jamshedpur.
12. Officer-in-Charge, Khijirsarai, Police Station, Gaya.
13. The State of Bihar.
.... .... Respondents
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Appearance :
For the Petitioner : Mr. R.C. Sinha &
Mr. Sushil Kumar, Advocates.
For the Union of India : Mr. Binay Kumar Pandey, CGC
For the Jharkhand (Respondents no. 9 & 11): Mr. Neeraj Kumar, J.C. to Mr.
Dhruba Mukherjee A.A.G. to
the State of Jharkhand.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
4. 11-02-2013Learned counsel for the petitioner, learned counsel for the Union of India as well as learned counsel for the State of Jharkhand are present.
Learned counsel for the Union raises a 2 Patna High Court CWJC No.15119 of 2006 (4) dt.11-02-2013 2/2 preliminary objection. He submits that this Court may not entertain the writ petition on merits as the lis involved comes under the jurisdiction of the Jharkhand High Court. He submits that no part of cause of action has arisen in the State of Bihar in connection with the relief sought for in the writ application.
Learned counsel for the petitioner does not contest the issue and submits that just because the jurisdiction is in the State of Jharkhand, the petitioner may not be precluded from moving before the Court having appropriate jurisdiction. He seeks permission to withdraw the writ application with liberty to move before the Jharkhand High Court which has jurisdiction in this case.
In view of the aforesaid, the writ application stands disposed off as withdrawn with liberty to the writ petitioner to prefer an appropriate proceeding before the Jharkhand High Court in the matter.
(Ahsanuddin Amanullah, J.) Anand Kr.