IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6796 of 2011 1. Nilesh Kumar, son of Sri Umesh Kumar, resident of Mohalla- Nandan Sadan, Yarpur Yogia Tola, PS Jakkanpur, PO GPO, District Patna 2. Pankaj Verma, son of Shri Satish Prasad, resident of Mohalla- Amber, PO & PS Biharsharif, District Nalanda 3. Prabhat Kumar, Son of Sri Ganesh Prasad, resident of village Jhamtapur, PS Sare (Asthawan) District Nalanda 4. Uday Kumar Das, son of Sri Kamaldeo Ravidas, resident of village & PO- Kanund, PS Asthawan, District Nalanda 5. Sunil Kumar, son of Sri Kailash Prasad, resident of village – Jhamtapur, PS Sare (Asthawan) PO Jana District Nalanda 6. Arjun Paswan, son of Sri Ram Nath Paswan, resident of village Janitapar, P.S. Sare (Asthawan) PO Jana District Nalanda 7. Sunil Kumar, son of Sri (Late) Jhunni Tanti, resident of Mohalla- Paharpura, PS Biharsharif, PO Biharsharif, District Nalanda 8. Suchita Kumari, daughter of Sri Satyadeo Narain Sinha, resident of Nekpur, PS Chhabilapur, PO Nikpur, District Nalanda 9. Sangeeta Kumari, daughter of Sri Narsingh Prasad, resident of village Meghi, PS Deepnagar, PO Meghi, District Nalanda 10. Ajay Kumar Gupta, son of Sri Yadunandan Prasad, resident of village – Karjara, PS Silao, PO Karjara, District Nalanda .... .... Petitioner/s Versus 1. The Union of India, through the Secretary, Ministry of Shipping, Road Transport and Highways, National Highways, G 5-6, Sector-10 Dwarka, New Delhi-110075 2. The Member (Administration)-cum-Appellate Authority, National Highways, G 5-6, Sector-10 Dwarka, New Delhi-110075 3. The General Manager (Administration), National Highways, G 5-6, Sector-10 Dwarka, New Delhi-110075 4. The Deputy General Manager (Administration), National Highways, G 5-6, Sector-10 Dwarka, New Delhi-110075 5. Vijayant Kumar, son of Sri Surendra Prasad Gupta, resident of village/ Mohalla- Soh Sarai, Karunabagh, PS & PO Soh Sarai, District Nalanda 6. Sadan Prasad, son of Sri Kavindra Prasad, resident of village – Pachetan PO + PS Asthawan, District Nalanda 7. Ritu Ranjan Kumar, son of Sri Damodar Prasad Singh, resident of village Nerut, PS Sare (Asthawan) PO Nerut, District Nalanda 8. Mukesh Kumar, son of Sri Birendra Prasad, resident of C/o Sri Suresh Prasad, Mohalla Patel Nagar PS Soh Sarai, District Nalanda 9. Vivek Raj, son of Sri Nand Kumar, resident of Mohalla/village- Asha Nagar, PS Soh Sarai, District Nalanda 10. Anuj Kumar, son of Sri Yugeshwar Ravidas, resident of village Sathopur, PS Deep Nagar, PO Maghra, District Nalanda 11. Amarlata Sinha, daughter of Ranjeet Prasad, resident of village Mandachh, PS Noorsarai, PO Soh Sarai, District Nalanda 12. Md. Rizwi Hassan son of Md .Nazim, resident of village Mushepur, PS Rahui, PO Mushepur, District Nalanda 13. Rahul Kumar, son of Sri Ram Pravesh Paswan, resident of village Patna High Court CWJC No.6796 of 2011 (2) dt.25-07-2011 2 Nischalganj, PS Ekangarsari, PO Nischalganj, District Nalanda 14. Abhay Kumar, son of Sri Krishnandan Prasad, resident of village Aamdaha, PS Giriak, PO Tetrama, District Nalanda 15. Harinandan Choudhary, son of Sri Jaglal Choudhary, resident of village Bhangwalbigha, PS Noorsarai, PO Daruara District Nalanda 16. Kundan Kumar, son of Sri Shambhu Prasad, resident of village Barandi, PS Rahui, PO Barandi, District Nalanda 17. Raja Ram Yadav, son of Sri Bhattu Yadav, resident of village Bahadibigha, PS Sare, PO Onda District Nalanda 18. Babloo Kumar, son of Sri Shiv Prasad Yadav, resident of Mohalla- Karunabagh, near Gallapatti PO & PS Soh Sarai District Nalanda 19. Ashok Choudhary, son of Sri Sukhlal Choudhary, resident of village/ Mohalla- Khairabad, PS & PO Biharsharif, District Nalanda 20. Rajesh Kumar, son of Sri Munni Lal resident of Mohalla Asha Nagar Talawpar, PS Soh Sarai District Nalanda. .... .... Respondent/s ------------ 2 25-07-2011 Heard learned counsel for the petitioners and perused the order of learned Central Administrative Tribunal, Patna Bench, Patna dated 24-2-2011 whereby O.A. no. 530/ 2008 with M.A. no. 116/2010 has been dismissed on the ground that the Tribunal does not have territorial jurisdiction in respect of the cause of action. The cause of action for the petitioners allegedly arose when a panel out of which some had already been appointed was cancelled by the respondents- National Highways Authority of India at its headquarters at New Delhi. The submission that the effect of such cancellation was upon the panelists of Patna, in our opinion, cannot confer jurisdiction on the Tribunal at Patna because it has been settled Patna High Court CWJC No.6796 of 2011 (2) dt.25-07-2011 3 law that mere communication of such decision by itself does not create jurisdiction as it would be apparent from the judgement of the Apex Court in the case of Oil & Natural Gas Commission versus Utpal Kumar Basu & Others reported in (1994) 4 SCC 711. In the facts of the case, we find no error in the order of the Tribunal requiring interference. This writ petition is, therefore, dismissed. It goes without saying that, if so advised, the petitioners may pursue their remedy before the appropriate forum in accordance with law. Bimalanshu Kumar Singh/- (Shiva Kirti Singh, J) (Shivaji Pandey, J)