Arindam Sinha,J. - (1.) Review applicant appears in person. He seeks review of order dated 30th January, 2019, by which, on respondent in the writ petition, Union of India, having taken point of territorial jurisdiction, inter alia, following was said :- "Mr. Partha Sarathi Sengupta, learned senior advocate is appointed Amicus Curiae to assist this Court in determining whether it has territorial jurisdiction to entertain this writ petition. Department will serve a copy of the writ petition along with orders on Mr. Sengupta."
(2.) Applicant submits, reopening for determination whether this Court has territorial jurisdiction to entertain the writ petition is an error apparent on the face of record and hence, review maintainable. He submits, there is an application for condonation of delay which be allowed and this review application be decided. Mr. Chanda, learned senior advocate, Additional Solicitor General appears for Union of India and in fairness does not oppose the condonation of delay application. Same is allowed.
(3.) Applicant relies on two judgments of Supreme Court. In Raichand and Co. and Anr. vs. Director General of Foreign Trade and Ors. reported in 1990 (1) CLJ 425, he relies on paragraph 7, in which there is discussion on several cases considered by the Bench. He gives particular emphasis to sub-paragraph (viii) wherein State of Rajasthan vs. Swaika Properties, reported in AIR 1985 SC 1289, was discussed. He relies on extract from that judgment in Raichand and Co. (supra), which extract is reproduced below :- "(b) If the challenge is to the vires of a Central statute or notification or other statutory instrument which is applicable nationwide the place where the petitioner is affected by the implementation of the statute would have the jurisdiction to entertain the challenge. A distinction is to be drawn between circulars which are executive in character and statutes or statutory orders, notifications or other statutory instruments (See (10) Hindusthan Sugar Mills v. Union of India and Ors. AIR 1985 Cal 17)." ;