1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT DB Civil Special Appeal (Writ) No.714/2002 in SB Civil Writ Petition No. 2552/2001 Smt Krishna Dhani & anr Vs The Rajasthan Housing Board & ors 30.03.2010 Hon'ble the Chief Justice Mr Jagdish Bhalla Hon'ble Mr Justice MN Bhandari Mr VK Jain – for appellants Ms Lalima Purohit - for the respondents BY THE COURT: By this appeal a challenge has been made to the order dated 26.7.2001 whereby writ petition of the petitioner appellants was dismissed on the ground of territorial jurisdiction. Learned counsel for petitioner-appellants submits that pursuant to advertisement (Annex.1) issued at Jaipur, appellants applied for allotment of house. In aforesaid advertisement a condition for grant of 15% rebate/discount was existing however when petitioner-appellants were allotted the house vide allotment letter (Annex.2), they were not extended above discount/rebate of 2 15% hence, part of cause of action has arisen within territorial jurisdiction of Jaipur Bench. Learned counsel for non-appellants, on the other hand, submits that petitioner-appellants have not applied for allotment of house in pursuance to the advertisement (Annex.1) as alleged in the writ petition. In fact, they applied in pursuance to another advertisement issued by non-appellants at relevant time thus the very claim of 15% rebate/discount is not available because there was no such condition in the subsequent advertisement. It is further contended that cause for filing the writ petition arose on issuance of allotment letter-Annexure-2 as the order was issued at Bhilwara and served to the petitioner- appellants at Bhilwara. Thus, neither whole nor any part of cause of action arose within territorial jurisdiction of Permanent Bench at Jaipur. In view of aforesaid, learned Single Judge has rightly decided the matter by holding that the writ petition could not have been presented before the Bench at Jaipur. Perusal of the prayers made in the writ petition shows that petitioner-appellants were aggrieved by issuance of allotment letter-Annexure-2 along with demand of amount of house so allotted. Perusal of Annexure-2 shows that it was issued by Rajasthan Housing Board, Bhilwara and the same was served to 3 petitioner-appellants at Bhilwara. In view of aforesaid, neither whole nor any part of cause of action arose within the territorial jurisdiction of Permanent Bench at Jaipur. In view of aforesaid, we find no error in the judgment of the learned Single Judge. Accordingly, the appeal is dismissed. (MN Bhandari) J (Jagdish Bhalla) CJ bnsharma