MOTI LAL MAHATO Vs. DAMODAR VALLEY CORPORATION & ORS.
LAWS(CAL)-2016-2-104
HIGH COURT OF CALCUTTA
Decided on February 09,2016

Moti Lal Mahato Appellant
VERSUS
Damodar Valley Corporation And Ors. Respondents

JUDGEMENT

DIPANKAR DATTA, J. - (1.) By presenting this writ petition, the petitioner seeks an order on the Damodar Valley Corporation (hereafter the 'Corporation') and its officers to make payment of certain dues of the petitioner in connection with a work executed by him at Bokaro in the State of Jharkhand.
(2.) A preliminary objection to the maintainability of the writ petition has been raised by Mr. Tarafdar, learned advocate for the Corporation. According to him, the entire cause of action giving rise to the present writ petition arose within the territorial limits of Jharkhand High Court and this Court lacks territorial jurisdiction to entertain the writ petition. In support of his contention, Mr. Tarafdar has relied on the decisions of the Supreme Court reported in (2008) 3 SCC 456: Eastern Coalfields Ltd. & Ors. v. Kalyan Banerjee and (2014) 9 SCC 329 : Nawal Kishore Sharma v. Union of India & Ors. It is his submission that the petitioner may be granted liberty to approach the High Court of Jharkhand for redress of his grievance.
(3.) Per contra, Mr. Basu, learned advocate for the petitioner has invited the attention of this Bench to a letter dated August 12 1999 issued by the Deputy Secretary of the Corporation, whereby it was conveyed as follows: " .....With reference to your letter dated 11.8.1999 on the above subject I am directed to state that Corporation has agreed to the two conditions mentioned in your above referred letter. In this regard you are requested to take necessary action for the withdrawal of the Court Case on the subject. For further details in this regard you are requested to contact Chief Engineer-I, BTPS 'B' Plant." ;


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