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Rajiv kumar (abc)     30 November 2016

Jurisdiction under article 226

I am not a resident of Rajasthan, however, I have pendency of trial in fake 498a, 406 and DV cases at Jaipur, where no progress happened in last seven years. The opposite party is only taking adjournments and trying to extort money with it. I am willing to apply WRIT for Speedy trial, while following rule demands residency in the state for jurisdiction purpose. ( Rule book of Rajasthan HC)

"Rule-1: In case of writ petition under Article 226 or petition under Article 227 the last place of residence of the petitioner will determine the jurisdiction based on the District Territory in which the petitioner resides. The petitioner is required to place on record, with the petition a documentary proof of his record."

Is this, I can not apply WRIT under article 226 over at Rajasthan and will have to apply at Supreme court under article 32 ?



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 2 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 November 2016

If you are challenging the court proceedings of a court lying within  the jurisdiction of Rajasthan High Court, then you have to file writ in Rajasthan High Court.  The petitioner's place of residence can never determine the place where he can file suit.  Supreme Court will not entertain such petition bypassing Rajasthan High Court, even though Art. 32 relates to writs for protection of fundamental rights.

1 Like

Rajiv kumar (abc)     30 November 2016

Thank you Sir !!! your answer has clarified all doubts. smiley


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