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2015 (3) TMI 1390 - HC - CustomsMaintainability of petition - territorial jurisdiction to examine the present petition - infringement of legal rights or not - HELD THAT:- Hon’ble Apex Court under identical circumstances in RAJENDRAN CHINGARAVELU VERSUS RK. MISHRA, ADDITIONAL COMMISSIONER OF INCOME-TAX [2009 (11) TMI 341 - SUPREME COURT] while examining as to whether receipt of communication or location of the office would cloth such High Court the jurisdiction to examine the writ petition on merits has held in the ease of OIL & NATURAL GAS COMMISSION VERSUS UTPAL KUMAR BASU [1994 (6) TMI 193 - SUPREME COURT] that mere location of the Registered office or receipt of communication would not give rise for cause of action. Hence, this Court is of the considered view that present writ petition before this Court would not be maintainable since no part of the cause of action has arisen within the territorial jurisdiction of this Court. The consignment belonging to the petitioner has been received at Delhi from Australia and on same being cleared at Air Cargo Complex, Delhi petitioner has taken delivery of the said consignment at Delhi and transported it to Uttarakhand. As such, no part of the cause of action either wholly or in part has arisen within the territorial jurisdiction of this Court so as to enable this Court to examine as to whether the petitioner’s alleged legal right had been infringed - the irresistible conclusion that will have to be drawn by this Court is, this Court has no territorial jurisdiction to examine the writ petition on merits since no part of cause of action has arisen within the territorial jurisdiction of this Court. Writ petition is hereby dismissed as not maintainable before this Court.
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