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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  RD-AH 345 (6 January 2007)
Civil Misc. Writ Petition No. 30535 of 2003
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.
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