Mohd. Ayub Khan v. Chairman U.P. State Road Transport Corporation Lko. and 3 Others

Court No. - 7 Case :- WRIT - A No. - 8486 of 2023 Petitioner :- Mohd. Ayub Khan Respondent :- Chairman U.P. State Road Transport Corporation Lko. And 3 Others Counsel for Petitioner :- Amar Nath Dubey,Anil Kumar Yadav Counsel for Respondent :- Ratnesh Chandra Hon'ble Abdul Moin,J.

¶1Heard learned counsel for the petitioner and Ms. Shivani Singh, Advocate holding brief of Sri Ratnesh Chandra, learned counsel appearing on behalf of the Corporation.

¶2A preliminary objection has been taken by Ms. Shivani Singh, learned counsel for the respondents that the order under challenge has been passed at Prayagraj and this Court may not have jurisdiction to entertain and decide the matter.

¶3Responding to that, learned counsel for the petitioner has vehemently argued that the part of cause of action arises at Pratapgarh as he is resident of Pratapgarh and the order has been passed by Pratapgarh Depot at Prayagraj and therefore, the part of cause of action has arisen at Pratapgarh.

¶4However, the Court is of the view that once the order itself has been passed from Prayagraj and it is the said order which is under challenge consequently, this Court would not have any jurisdiction to entertain the writ against the order which has been passed at Prayagraj more particularly when the objection to the said effect has been taken by the learned counsel appearing on behalf of the Corporation.

¶5As such the writ petition is dismissed leaving it open to the petitioner to challenge the order impugned at Allahabad High Court. Order Date :- 1.11.2023 Pachhere/- High Court of Judicature at Allahabad, Lucknow Bench