Writ Powers Limited By Article 226: J&K High Court Dismisses Plea Against Punjab Authorities Over Lack Of Territorial Jurisdiction
The Jammu & Kashmir High Court dismissed a writ petition filed against the State of Punjab and the Assistant Commissioner of Police, Jalandhar, on the ground of lack of territorial jurisdiction under Article 226 of the Constitution of India.The petitioner had approached the court seeking relief against certain notices issued by Punjab authorities but failed to plead any cause of...
The Jammu & Kashmir High Court dismissed a writ petition filed against the State of Punjab and the Assistant Commissioner of Police, Jalandhar, on the ground of lack of territorial jurisdiction under Article 226 of the Constitution of India.
The petitioner had approached the court seeking relief against certain notices issued by Punjab authorities but failed to plead any cause of action arising within the territorial jurisdiction of the J&K&L High Court.
A bench of Justice Rahul Bharti observed that the petitioner self-invited the dismissal of this writ petition before it came to be filed. The court said that jurisdictional pleading is an essential prerequisite when targeting authorities outside a High Court's territorial domain.
The counsel for petitioner had argued that under the Writ Proceedings Rules, 1997, there is no express requirement to plead territorial jurisdiction.
The Court however rejected this “pedantic reading” of procedural rules, holding that such rules cannot override the constitutional framework of Article 226(1).
The court said that Article 226 makes it abundantly clear that the High Court's writ powers are confined to persons or authorities within its jurisdiction.
The Court noted that both respondents were situated outside the territorial limits of its jurisdiction and that the petition lacked even a whisper about how the cause of action arose within J&K&L.
There was no assertion or explanation as to how this High Court could validly assume jurisdiction over authorities situated in Punjab.
The Court however clarified that the dismissal of the present petition would not prejudice the petitioner's rights in a criminal writ proceedings which concerns FIR registered in Jalandhar, Punjab and which involves separate legal grounds.
The writ petition was thus dismissed for want of territorial jurisdiction, with the court reiterating the need for clarity on jurisdiction when invoking its extraordinary writ powers.
APPEARANCE
Rahul Sharma, Advocate For Petitioner.
Mrs Monika Kohli, Senior AAG For Respondents
Case-Title: Thakur Ashwani Singh vs State of Punjab
Citation: 2025 LiveLaw (JKL) 218