Moushumi Bhattacharya, J. - (1.) The issue which falls for adjudication in this matter is whether the nature of work undertaken by the State is a relevant factor for deciding whether a court has territorial jurisdiction to entertain a civil suit instituted by a citizen against the State.
(2.) The defendant, State of West Bengal, in this application, has sought revocation of the leave granted to the plaintiff under Clause 12 of the Letters Patent, 1865, and for dismissal of the suit. The plaintiff says an enquiry into the nature of work contemplated by the State is not relevant and that the suit can be instituted wherever the State is found to carry on business under Clause 12 of the Letters Patent, 1865, on the other hand, the defendant contends that where the activity undertaken by the State is in respect of its sovereign functions, the court would have the territorial jurisdiction to entertain the suit where the cause of action arose.
(3.) The instant suit has been filed for recovery of the plaintiff's claims in connection with the work of civil construction for a six-bedded Primary Health Centre at Chaipat in the district of Paschim Medinipur, West Bengal. From the pleadings in the plaint filed in the suit, the undisputed facts are as follows; (a) The contract was in relation to the civil construction of a Primary Health Centre on behalf of the State so as to enable the State to render primary healthcare services to its citizens in exercise of its duties as a Welfare State; (b) The Primary Health Centre was to be set up at Chaipat in the district of Paschim Medinipur, West Bengal, outside the original jurisdiction of this Hon'ble Court; (c) The Notice Inviting Tender was issued by the State from the office of the Superintending Engineer, South Circle, C.B. Directorate, PWD, Government of West Bengal having its office at 76, Dr. Sundari Mohan Avenue, Kolkata-700 014, outside the jurisdiction of this Hon'ble Court; (d) The tenders were to be deposited and submitted by diverse bidders including the plaintiff at the office of the superintending Engineer, South Circle, C.B. Directorate, PWD, Government of West Bengal, having its office at 76, Dr. Sundari Mohan Avenue, Kolkata-700 014, outside the jurisdiction of this Hon'ble Court; (e) That the contract was executed at 76, Dr. Sundari Mohan Avenue, Kolkata-700 014, outside the jurisdiction of this Hon'ble Court; (f) The contract was performed by the plaintiff in Chaipat, Paschim Medinipur outside the original jurisdiction of this Hon'ble Court.;