ORDER S.N. Saxena, J.
1. This contempt petition arises from the writ petition No. 2918 (ss)/91 (sic), Hari Mohan v. State of U. P. . which was instituted by the petitioner in Lucknow Bench of this High Court. The petitioner prayed for punishment of the opposite parties as they allegedly had flouted the orders dated 26-11-1992,10-9-1993, and 22-9-1993 passed by the Lucknow Bench of this High Court in the aforesaid writ petition. This Court, therefore, enquired from the learned counsel for the petitioner as to how this contempt petition could be maintained here at Allahabad when no part of cause of action for the same had arisen within the territorial jurisdiction of Allahabad High Court.
2. Learned counsel for the petitioner contended that the petitioner has been transferred to Allahabad as Executive Engineer in Irrigation Department and that part of cause of action for the said contempt petition thus, had arisen within the jurisdiction of Allahabad and that the contempt petition, therefore, could be maintained and decided by this Court. The contention, however, appears to be devoid of merits. The cause of action depends upon the happenings prior to the institution of the writ petition and for the purposes of the contempt petition, the cause of action had arisen within the jurisdiction of Lucknow Bench of this High Court which passed the aforesaid interim orders as contained in Annexures Nos. 1, 3 and 4 of the contempt petition. The petitioner at that time was posted in Sultanpur. He was aggrieved by the orders passed by the State of U. P. through the Chief Engineer, Irrigation Department, Lucknow. The whole of the cause of action for the writ petition as well as the contempt petition, thus, had arisen within the territorial jurisdiction of Lucknow Bench. The transfer of the petitioner to Allahabad does not constitute any part of cause of action for the said contempt petition. It, therefore, cannot be maintained here at Allahabad. Learned counsel for the petitioner in support of his argument relied upon a decision of the Hon'ble Supreme Court reported in AIR 1976 SC 331, Nasiruddin v. State Transport Appellate Tribunal and after going through the same I find that it is of no help for him. The Hon'ble Supreme Court in paragraph No. 37 of the said decision held that if the cause of action arises within Awadh area, the Lucknow Bench will have the jurisdiction and if the cause of action is wholly outside the specified areas in Awadh then Allahabad will have the jurisdiction. If further held that if the cause of action in part arises in specified area of Awadh and other part of cause of action arises outside the area, it will be open to the litigants to frame the cause appropriately to attract the jurisdiction either at Lucknow Bench or at Allahabad. The Hon'ble Supreme Court thereafter dealt with the criminal cases which is not relevant for the purposes of this contempt petition. As found above, no part of cause of action for the present contempt petition had arisen within the jurisdiction of Allahabad and this Contempt petition, therefore, cannot be maintained here by the petitioner. Learned counsel for the petitioner contended that, in case, his contention does not find favour, the contempt petition may be returned for presentation before Lucknow Bench of this High Court. The request, however, cannot be allowed as the petitioner can file another contempt petition in Lucknow Bench. It is not suit to which provisions of CPC are attracted. The contempt petition is a misc. application only and the petitioner can file the same in the Lucknow Bench.
3. In view of the above discussions, the contempt petition was liable to be dismissed. The contempt petition accordingly is dismissed in limine for want of jurisdiction.