WP(C)/42/2012 of Girdhari singh Vs THE UNION OF INDIA and ORS on 15 October 2012

For

For

IN THE HIGH COUF}T OF SIKKIM

CIVIL JURISDICTION

wp(C) No

of 2o.?.2...

antlas)Petitioner (s)

Girdhari Singh

opposite Party (s)-a)

Versus

Union of India 6i ors.

AppBue

Mr. Zangpo Sherpa, Mr. A. K. Ghataniand Mr. Pen Tshering Lepcha Petitioner(Advocate (s))

Plespondent

QRE9aPeEN(Advocate (s))

caseNo.M..8.C!Order (s) with Signature (s)when he was posted in the State of ArunachalPradesh. Thereafter, the petitioner filed a petitionbefore the Uttarakhand High Court. This petitioncame to be dismissed vide order dated 04.04.2012for want of territorial jurisdiction. Now, this petitionhas been filed before this Court only on the plea thatthe 13th Battalion wherefrom the petitioner wasdischarged has now been posted in the State ofSikkim. As a matter of fact, the petitioner'sassumption that this Court has territorial jurisdictionis totally misconceived. No part of the cause ofaction has accrued in the State of Sjkkim. At thetime of discharge, the 13th Battalion was having itslocation in the State of Arunachal Pradesh where thepetitioner was posted. The impugned order waspassed and served upon him in that State. Any .subsequent event like shifting of the Battalion fromArunachal Pradesh to Sikkim does not create anynew cause of action so as to entitle the petitioner tofile this petition before this Court that too after alapse of almost six years.At this stage, Mr. Sherpa seeks to withdrawthis petition with liberty to approach the concernedHigh Court having territorial jurisdiction.

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