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Issues involved: Jurisdiction of the High Court to entertain a writ petition challenging a detention order passed by the Principal Secretary (Appeals and Security) of the Home Department, Government of Maharashtra.
Summary: The petitioner filed a writ petition seeking to quash a detention order passed by the Principal Secretary (Appeals and Security) of the Home Department, Government of Maharashtra. The respondent raised a preliminary objection regarding the jurisdiction of the High Court, stating that the cause of action arose in Maharashtra. The petitioner argued that the High Court has jurisdiction as he is a resident of Ghaziabad, U.P., and conducts business activities there. The case involved the importation of second-hand cranes at Bombay Port and allegations of customs duty evasion. The petitioner's son had previously approached the Bombay High Court regarding the matter. The petitioner's counsel cited legal precedents to support the jurisdiction of the High Court. The respondent contended that the cause of action arose in Bombay and the petitioner had already approached the Bombay High Court. After considering the arguments, the High Court found that the cause of action was in Bombay and dismissed the petition on jurisdictional grounds. The Court also noted that the petitioner's son had already approached the Bombay High Court, making the second petition on the same facts not maintainable as per the Allahabad High Court Rules. In conclusion, the High Court dismissed the petition on the grounds of jurisdiction, citing Rule 7 of the Allahabad High Court Rules, which prohibits a second writ petition on the same facts. The Court emphasized that the cause of action was in Bombay, where the cranes were imported, and the petitioner's activities in Ghaziabad did not establish jurisdiction for the High Court.
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