THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.38567 of 2014
DATED:18.12.2014 Between:
M/s. GVPR Engineers Ltd., Represented by its Managing Director, Hyderabad.
And Union of India, Represented by its Secretary (Revenue), New Delhi and another.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No. 38567 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
Learned counsel for the Revenue says that this matter can be disposed of by this Court without inviting counter affidavit since he does not want to file the same.
The show cause notice was issued by the second respondent and in reply to show cause notice, the writ petitioner took up the point of territorial jurisdiction of the second respondent specifically. It appears from the impugned order, this question of territorial jurisdiction has not been decided by the second respondent. We think on reading the material placed before us, the question of territorial jurisdiction is required to be decided and it was not done so. In that view of the matter, the impugned order cannot stand since it goes to the very root of the matter, viz, jurisdiction of the authority concerned. Hence, such an order cannot be sustained. We, therefore, set aside this order and direct the second respondent concerned to decide the question of territorial jurisdiction raised by the writ petitioner first. After deciding the matter with reasons, if so warrants, he can proceed on merits. If he finds that he has no territorial jurisdiction, obviously, the matter will be dropped and in that case, appropriate officer may take up the matter and pass appropriate orders. The entire exercise must be completed within a period of four weeks from the date of communication of this order.
The writ petition is accordingly allowed.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 18th December, 2014 Pnb SANJAY KUMAR, J