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2025 DAILYLAW 62651 (ALL)

PRAHLAD KUMAR v. UNION OF INDIA AND 4 OTHERS

WRIA/7359/2025 · 2025-05-22

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88072 Court No. - 4 Case :- WRIT - A No. - 7359 of 2025 Petitioner :- Prahlad Kumar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Rakesh Kumar,Ramesh Chandra Kushwaha Counsel for Respondent :- A.S.G.I.,Ajay Kumar Gautam Hon'ble Ajit Kumar,J. 1. Heard Shri Ramesh Chandra Kushwaha, learned counsel for petitioner and Shri Ajay Kumar Gautam, learned counsel for respondents No. 1 to 3. 2. Shri Gautam, learned counsel for respondents raises a preliminary objection as to the maintainability of this petition on the ground that the order has been passed by the authority in Jammu and Kashmir and petitioner is also posted at Jammu and Kashmir. It is contended that since the deduction from the salary is being done under the order of the authority sitting in Jammu and Kashmir and the deducted salary is being received by the petitioner who is also posted in Jammu and Kashmir, the cause of action would arise in the State of Jammu and Kashmir only and therefore, petitioner can maintain petition only before High Court of Jammu and Kashmir. He contends that though wife of the petitioner is living at Lucknow but she having not approached the Court, this Court may not have territorial jurisdiction. 3. Learned counsel for petitioner could not dispute the same. 4. In view of the above, I decline to grant indulgence in the matter. 5. The petition is accordingly dismissed. 6. However, liberty rests with the petitioner to apply before the concerned High Court, if so advised. Order Date :- 23.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad