Court No. - 6
Case :- WRIT - A No. - 3269 of 2019 Petitioner :- Angad Kumar Prajapati And 60 Others Respondent :- The Union Of India And 5 Others Counsel for Petitioner :- Vijay Gautam,Devesh Mishra Counsel for Respondent :- Rajnish Kumar Rai,Na
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and Sri Rajnish Kumar Rai who appears for the Union respondents.
A preliminary objection is taken to the maintainability of the instant writ petition since the impugned Circular has been issued by the Board at New Delhi. From the disclosures with respect to the 61 petitioners made here, it is evident that the only ground on which the jurisdiction of this Court is invoked is that the petitioners are presently posted at Kumbh Mela Allahabad. There is no disclosure of the Battalions to which the individual petitioners belong and whether those Battalions are situate within the territorial jurisdiction of this Court. It is also not disputed that in case orders of transfer were to be passed, that would be passed by the Commanding Officers of the Battalions to which the individual petitioners are attached. The Court further notes that dealing with an identical objection this Court has dismissed Writ-A No. 24287 of 2018 on 16 November 2018. The order passed in that petition has been approved by the Division Bench which dismissed Special Appeal No. 1268 of 2018.
Accordingly and for all the aforesaid reasons, this petition is dismissed on the ground of lack of territorial jurisdiction.
This order however shall not preclude the petitioners, if so chosen and advised to approach the appropriate Court.
Order Date :- 28.2.2019/faraz