TMI Blog2020 (5) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... Constitution by Constitution's (Forty Second) Amendment Act. The said amendment provided that the High Court within which the cause of action arise wholly or in part would also have jurisdiction to entertain the petition under Article 226 of the Constitution. Seeking employment with Municipal Council, Roha, Dist. Raigad on compassionate ground - HELD THAT:- The area of operation of Municipal Council, Roha is limited to Roha taluka. It does not extent beyond Roha taluka. Roha Taluka is beyond the territorial jurisdiction of this Court. No part of cause of action arose within the territorial jurisdiction of this Court. As even small fraction of cause of action has not arisen within the jurisdiction of this Court, this Court would not exercise its territorial jurisdiction. Seeking information under the Right to Information Act with respondent Nos. 4 and 5 - HELD THAT:- The office of the respondent Nos. 4 and 5 is situated at Pune. The appeal filed before the respondent No. 3 is allowed. The same is also situated at Pune. The petitioner seeks directions against respondent Nos. 4 and 5 to provide for the information. In the said writ petition also no part of cause of acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the jurisdiction of this Court. Part of cause of action has arisen within the territorial jurisdiction of this Court. If part of cause of action arises within jurisdiction of this Court, this Court can exercise the jurisdiction even if respondents place of work is beyond territorial jurisdiction of this Court. The petitioners refer to Article 226(2) of the Constitution of India. The learned advocates for petitioners place reliance on the following judgments of the Apex Court and this Court. i. Nawal Kishore Sharma Vs. Union of India and others reported in (2014) 9 SCC 329. ii. Vedica Procon Private Limited Vs. Balleshwar Greens Private Limited and others reported in (2015) 10 SCC 94. iii. State of Maharashtra Vs. Narayan Puranik and others reported in (1982) 3 SCC 519. iv. Rajendran Chingaravelu Vs. R.K. Mishra, Additional Commissioner of Income Tax and others reported in (2010) 1 SCC 457. v. Cement Workers' Mandal Vs. Global Cements Ltd. (HMP Cements Ltd.) and others in Civil Appeal No. 5360 of 2010 decided on 14.02.2019. vi. Sanjay S/o Baldeo Ramteke Vs. State of Maharashtra and orders in Writ Petition No. 3253 of 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction provided the cause of action wholly or partly arises within the territorial jurisdiction of the Court entertaining the writ petition. 10. The phraseology/terminology cause of action is broadly construed as bundle of facts necessary for the party to prove before he can succeed. The Apex Court in a case of Kusum Ingots and Alloys Ltd. Vs. Union of India reported in (2004) 6 SCC 254 has observed as under: 9. Although in view of Section 141 of the Code of Civil Procedure the provisions thereof would not apply to writ proceedings, the phraseology used in Section 20(c) of the Code of Civil Procedure and clause (2) of Article 226, being in pari materia, the decisions of this Court rendered on interpretation of Section 20(c) CPC shall apply to the writ proceedings also. Before proceeding to discuss the matter further it may be pointed out that the entire bundle of facts pleaded need not constitute a cause of action as what is necessary to be proved before the petitioner can obtain a decree is the material facts. The expression material facts is also known as integral facts. 11. The Apex Court in a case of Nawal Kishore Sharma Vs. Union of India and others (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1995 is of the entire State. The petitioner issued communication at Nagpur declaring that the petitioner has deemed to have vacated the office of Member of Board w.e.f. 01.12.2015 at Nagpur. 14. In a case of Rajendran Chingaravelu Vs. R.K. Mishra, Additional Commissioner of Income Tax and others (supra) the Apex Court has held that, even accrual of fraction of cause of action is sufficient for the Court to exercise the jurisdiction. In that case the entire episode of search, seizure and detention was at Hyderabad Airport (Andhra Pradesh)/Chennai Airport (Tamilnadu). The part of cause of action arose at Hyderabad. 15. The Nagpur Bench in a case of VSP Acqua Mist Fire Private Ltd. Vs. Maharashtra State Electricity Transmission Co. Ltd. And others (supra) held that, mere receipt of three communications by petitioner at Nagpur pertaining to corrigendum to the tender notice did not furnish even part of cause of action. In case of Shriram Vs. Union of India and others (supra), the Nagpur Bench held that, the Western India Regional Council may have jurisdiction throughout the State, but the action of the Council is not the subject matter of petition, but setting aside the electi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Article 226 is wholly or in part arisen. 20. A distinction shall have to be drawn between cause of action and right of action. The petitioners may possess a right of action to institute the proceedings. To file a proceeding before a particular Court at least fraction of cause of action ought to have arisen within the precincts of that Court. 21. The terminology cause of action has been subject matter of large number of judicial pronouncements by Apex Court and this Court. One of us sitting singly (S.V. Gangapurwala, J.) has discussed the term cause of action and observed as under: 25. The terminology cause of action has been a subject matter of various judicial pronouncements. The said concept now has acquired a settled meaning. In the restricted sense, cause of action means the circumstances forming the infraction of the right or the immediate occasion for the action. In the wider sense, it means the necessary conditions for the maintenance of the action including not only the infraction of the right but also the infraction coupled with the right itself. Compendiously the expression means every fact which would be necessary for the plaintiff to prove, if tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erritorial jurisdiction. 26. In view of the above, the writ petitions are disposed of. No costs. <!--[if gte mso 9]> <![endif]--><!--[if gte mso 9]> Normal 0 false false false EN-US X-NONE <![endif]--><!--[if gte mso 9]> <![endif]--><!--[if gte mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; ..... 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