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TMI Blog1987 (9) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... in meaning of Clause (2) of Art, 226 in the State where petitioner resides? 2. For this it is necessary to narrate in brief the circumstances in which Clause (2) was added in Article 226 by Constitution (Fifteenth Amendment) Act, 1963, Article 226(1) as it originally stood read as under : "Notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders, or writs, including (writ in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould seek his remedy under Article 226 in the Punjab High Court It is a sufficient answer to this argument of inconvenience to say that, the language of the article being reasonably plain, it is idle to speculate as to what was or was not contemplated. Soon thereafter came another case K.S. Rashid and Sons v. The Income-tax Investigation; K. S. Rashid and Sons, who were assessees in State of U. P. filed writ for prohibition in High Court of Punjab to restrain the Commission from proceedings under Section 5 of Act XXX of 1947. The petition was dismissed and the preliminary objection that petitioners being assessees belonging to the State of U. P. could not approach Punjab High Court merely because Commission was in Delhi was upheld. In app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as held, by B. P. Sinha, J. "It seems to us therefore that it is not permissible to read in Article 226 the residence or location of the person affected by the order passed in order to determine the jurisdiction of the High Court. That jurisdiction depends on the person or authority passing the order being within those territories and the residence or location of the person affected can have no relevance on the question of the High Court's jurisdiction. Thus if a person residing or located in Bombay, for example, is aggrieved by an order passed by an authority located, say, in Calcutta, the forum in which he has to seek relief is not the Bombay High Court though the order may affect him in Bombay but the Calcutta High Court where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is the Punjab High Court. This involves considerable hardship to litigants from distant places. It is, therefore, proposed to amend Article 226 so that when any relief is sought against any Government, authority or person for any action taken, the High Court within whose jurisdiction the cause, of action arises may also have jurisdiction to issue appropriate directions, orders or writs". 3. From a bare reading of the clause, in background in which it was introduced, there is hardly any doubt that it did not confer any additional powers on the High Court. A Full Bench in Om Prakash v. Divisional Superintendent, Northern Railway while discussing the purpose of introducing this clause observed : "The object of the present Amendm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect in a State did not entitle the High Court of that State to entertain the writ petition. Residence or location of office of person or authority against whom relief is sought is a part of cause of action. But residence of petitioner in a writ petition or plaintiff in a suit unless specifically provided is immaterial. In Khajoor Singh's case (supra) two restrictions were placed on High Courts power to entertain a writ petition one that the authority or government whose order was assailed or impugned or against whom directions were sought should not be situated beyond territorial limits of High Court. It was reiteration of principle in Election Commission and Rashid's cases (supra). The other restriction or limitation was that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of action (American Jurisprudence 2nd Edition vol. 1.) A person residing anywhere in the country being aggrieved by an order of government Central or State or authority or person may have a right of action at law but it can be enforced or the jurisdiction under Article 226 can be invoked of that High Court only within whose territorial limits the cause of action wholly or in part arises. The cause of action arises by action of the government or authority and not by residence of the person aggrieved. 5. Coming to the facts of the case the petitioner was a Junior Warrant Officer in Air Force. When he was posted at Madras he was superseded. He seeks a direction to opposite parties to decide his representation and grant him status of Warra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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