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DHARAM PAL versus UNION OF INDIA MINISTRY OF HOME AFFAIRS C.G.O. COMPLEX &ORS.

High Court of Judicature at Allahabad

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Dharam Pal v. Union Of India Ministry Of Home Affairs C.G.O. Complex &Ors. - WRIT - A No. 30535 of 2003 [2007] RD-AH 345 (6 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.20

Civil Misc. Writ Petition No. 30535 of 2003

Dharam Pal  

Vs.

Union of India  and others  

Hon. Sanjay Misra, J.

Heard Sri Indra Prasad Yadav, learned counsel for the petitioner and Sri Shashank Singh, learned counsel appearing on behalf of the Union of India.

Counter affidavit and rejoinder affidavit have been exchanged and with the consent of the parties, this writ petition is finally disposed of at this stage itself.

The  preliminary objection raised on behalf of the respondent is that this writ petition is not maintainable before this court in as much as the petitioner was in service in Nagpur  (Maharastra) and is resident of Aligarh  and there is no cause of action  with respect to the claim in this writ petition  within the  State of Uttar Pradesh.   The said  objection appears to have substance.

The similar controversy  has already been decided  by Full Bench of this court  in the case of Rajendra Kumar Mishra Vs.  Union of India and others reported in (2005) 1 UPLBEC 108 wherein it has been held  that in case there is no cause of action in the State of Uttar Pradesh, the writ petition in the Allahabad High Court is not maintainable.

In view of above, this writ petition is dismissed. No order is passed as to costs.

6.12.06

Gc.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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