M/S.DIESEL CARE Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-7-80
HIGH COURT OF JHARKHAND
Decided on July 20,2009

M/s.Diesel Care Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THIS appeal has been filed against the order dated 30.6.2008 passed by the learned Single Judge in W.P.(C) No. 6852/ 2007 whereby the learned Single Judge had been pleased to dismiss the writ petition filed by the petitioner/appellant herein who had challenged the order passed by the Chief Engineer, Water Resources Department, Aurangabad, Government of Bihar which admittedly falls within the territorial jurisdiction of the State of Bihar after bifurcation.
(2.) THE learned Single Judge had been pleased to hold that the writ petition cannot be entertained for want of territorial jurisdiction as the appropriate forum for the petitioner would be to approach the State of Bihar for redressal of its grievance. This appeal has been filed against this order passed by the learned Single Judge in support of which the learned counsel submitted that the cause of action although partly had arisen in Bihar in the district of Aurangabad, yet, the supply of generator set was made at Palamau which falls within the State of Jharkhand.
(3.) THE counsel, therefore, submitted that the jurisdiction of the dispute in regard to non -payment would arise in the State of Jharkhand because the supply was made in Palamau which is in the State of Jharkhand and the supply order was also placed in the State of Jharkhand.;


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