Court No. - 39
Case :- WRIT - A No. - 16205 of 2018 Petitioner :- Mohan Singh Bisht Respondent :- U.P. State Roadways Transport Corporation And Another Counsel for Petitioner :- Komal Mehrotra Counsel for Respondent :- Sunil Kumar Mishra
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Komal Mehrotra, learned counsel for the petitioner and Sri S.K. Mishra, learned counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the order dated 29.1.2014.
A preliminary objection has been raised by Sri S.K. Mishra, learned counsel for the respondents that the petitioner is a resident of Nainital and the respondents are also situated within the jurisdiction of the Lucknow Bench of the Allahabad High Court and therefore, this writ petition is not maintainable in the Allahabad High Court.
So far as the delay in challenging the order is concerned, learned counsel for the petitioner submits that earlier he had filed writ petition before the High Court of Uttarakhand at Nainital being Writ petition no.49 (S/B) of 2015 which was ultimately dismissed as not maintainable on 20.4.2018 as the controversy pertains to the year 1999 when the State of Uttarakhand had not been created and the jurisdiction lay with the Allahabad High Court.
Be that as it may since the respondents are situated in Lucknow and there is no respondent within the jurisdiction of the Allahabad High Court, this writ petition is maintainable only in the Lucknow Bench of the Allahabad High Court.
The writ petition is dismissed with liberty to the petitioner to approach the Lucknow Bench of the Allahabad High Court.
Order Date :- 30.7.2018 Kirti