Shri. M. G. Arunkumar vs. The State Of Karnataka

Facts

The petitioner, Shri. M. G. Arunkumar, a businessman, filed a writ petition before the Karnataka High Court, Dharwad Bench. The petition sought a writ of mandamus directing the Executive Engineer, National Highway Division, Shivamogga, to consider his representation dated December 18, 2023. The petitioner claimed a sum of Rs. 1,33,23,127/- towards GST for the period 2018-19 to 2022-23. The works for which GST was claimed were carried out in and around Shivamogga.

Held

The Court held that it did not have the jurisdiction to entertain the present matter. This was based on the fact that the respondent No. 2, the Executive Engineer, National Highway Division, Shivamogga, and the works involved were situated in and around Shivamogga. Consequently, the Court ordered the transfer of the writ petition to the Principal Bench of the Karnataka High Court, which would have the appropriate jurisdiction. For statistical purposes, the writ petition was disposed of before the Dharwad Bench.

Key Issues

1. Does the Dharwad Bench of the Karnataka High Court have the territorial jurisdiction to entertain the writ petition concerning works executed in Shivamogga? The petitioner contended that the writ petition was filed before the Dharwad Bench. The respondents, represented by the State, did not present any specific arguments regarding jurisdiction in the provided text. However, the Court itself raised the issue of jurisdiction based on the location of the works and the respondent authority.