1987 (9) TMI 433 - HC - Indian Laws

Summary

Issues:
1. Jurisdiction under Article 226 for a person residing in a State against an authority outside the State.
2. Interpretation of Clause (2) of Article 226 and its historical background.
3. Impact of the introduction of Clause (2) on the jurisdiction of High Courts.
4. Definition of 'cause of action' and its relevance in determining jurisdiction.
5. Application of the law to the specific case of a petitioner seeking relief against an authority located outside the State.

Analysis:

1. The judgment addresses the issue of whether a person residing in a State can invoke the jurisdiction under Article 226 against an authority situated outside the State. It questions if the cause of action must arise within the State where the petitioner resides to establish jurisdiction.

2. The historical background of the interpretation of Article 226, especially the addition of Clause (2) in 1963, is discussed. Previous cases such as Election Commission of India v. Saka Venkata Subba Rao and K.S. Rashid and Sons v. The Income-tax Investigation are cited to illustrate the evolution of the interpretation of territorial jurisdiction.

3. The impact of the introduction of Clause (2) on the jurisdiction of High Courts is analyzed. The purpose of the amendment was to extend the jurisdiction to issue writs to any authority or government, irrespective of its location, if the cause of action partly or wholly arose within the territorial limits of the Court.

4. The judgment delves into the definition of 'cause of action' as every fact necessary to support a right to a judgment of the Court. It emphasizes that the cause of action must arise within the territorial limits of the High Court for it to have jurisdiction over the matter.

5. Applying the legal principles to the specific case of the petitioner, a Junior Warrant Officer seeking relief against an authority located in Delhi, the Court concludes that since the petitioner was never posted in the State where the Court is situated, no cause of action arose within that State. Therefore, the petition is dismissed as not maintainable due to lack of jurisdiction.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the Court's reasoning in determining the jurisdictional aspect of the case.