1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.159 OF 2009. Jai Jawan Jai Kisan Sugar Factory, through its Clerk, Nalegaon, Tq. Ahmedpur, Dist.Latur. ... Petitioner. Versus Shantabai W/o Uttam Jadhav and others ... Respondents. ... Mr.V.G.Sakolkar, advocate for the Petitioner. Mr.G.R.Ingole, advocate for the Respondent No.1. ... CORAM : V.R.KINGAONKAR,J. Date : 16.07.2009. PER COURT 1. Heard. 2. The Respondents are legal representatives of deceased Uttam Jadhav, who was electrocuted due to the electric shock of a 2 overhead wire while he was allegedly supervising the work in agricultural land of one Vishwanath Sugave, at Shirur (Anantpal). He was employee of the petitioner and was assigned the work to supervise the sugarcane cutting in the agricultural field. The petitioner objected territorial jurisdiction of the Workmen's Compensation Commissioner at Nanded, on two grounds. First, that the incident occurred at Shirur (Anantpal) (Dist. Latur) and secondly, the deceased was inhabitant of village Wadgaon under Loha Tahsil. Therefore, the claim could be filed either at Ahmedpur or at Kandhar. The petitioners, however, asserted that they are residing at Nanded and, therefore, their claim filed in the Court of Civil Judge (S.D.) cum Workmen's Compensation Commissioner, is maintainable. The petitioner sought decision on jurisdictional issue and applied for framing of such an issue as a preliminary one. The learned Civil Judge (S.D.) rejected the application (Exh. 23) on the ground that the question of jurisdiction is mixed question of facts and law. 3 3. There appears no perversity committed by the learned Civil Judge (S.D.). The jurisdictional issue can be tried alongwith other issues. If the claimants would fail to prove that the Civil Court at Nanded has no territorial jurisdiction then they may not be able to get reliefs. The jurisdiction is required to be determined, at least prima facie, on the basis of averments in the petition/plaint. The Respondents alleged in their claim petition that they are residing in Cidco area of Nanded and, therefore, prima facie, the jurisdictional error can not be presumed. Under the circumstances, the impugned order does not call for any interference. The petition is dismissed. (V.R.KINGAONKAR,J.) asp/office/wp15909