State of Punjab v. Santosh Kumar

Supreme Court of India · 15 Sep 2008
B.N. Agrawal; G.S. Singhvi
CIVIL APPEAL NO.5656 OF 2008
civil appeal_allowed

AI Summary

The Supreme Court held that a High Court lacking territorial jurisdiction cannot decide on the merits and dismissed the writ petition on jurisdictional grounds.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5656 OF 2008
(Arising out of S.L.P. (C) No.15866 of 2007)
State of Punjab & Ors. ...Appellant(s)
VERSUS
Santosh Kumar ...Respondent(s)
Leave granted.
Heard learned counsel for the parties.
The High Court of Punjab and Haryana, having recorded a finding that it had no territorial jurisdiction, was not justified in making any observation in relation to the merit of the matter. Accordingly, the impugned order is set aside and the writ petition filed by the respondent before the High Court of Punjab and Haryana is dismissed on the ground of lack of territorial jurisdiction.
We may, however, observe that this order shall not preclude the respondent from moving the appropriate High Court for redressal of his grievances.
The civil appeal is, accordingly, disposed of. ......................J.
[B.N. AGRAWAL] ......................J.
[G.S. SINGHVI]
New Delhi, September 15, 2008.
JUDGMENT