Jammu and Kashmir High Court
Constitutional LawAdministrative and Public Law

No territorial jurisdiction exists absent a material cause-of-action link to the High Court’s territory.

KHURSHEED AHMAD KHAN vs UNION OF INDIA (HOME) AND ORS

Jammu and Kashmir High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
No territorial jurisdiction exists absent a material cause-of-action link to the High Court’s territory.. KHURSHEED AHMAD KHAN vs UNION OF INDIA (HOME) AND ORS. Jammu and Kashmir High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the order accepting his voluntary retirement from the BSF, alleging that he had sought retirement after permission to maintain a beard was revoked. The retirement application was submitted and accepted at Tura, Meghalaya.

Source reference: pp. 1–3, 5–6

The petitioner argued that the High Court had territorial jurisdiction because the Inspector General, BSF, Kashmir, and the Director General, BSF, New Delhi, were parties to the case.

Source reference: pp. 1–3, 5–6

The respondents objected that the material events and the impugned order occurred outside the Court’s territorial jurisdiction.

Source reference: pp. 3–5
02

Issues

Whether any material, integral, or essential part of the cause of action arose within the territorial jurisdiction of the High Court of Jammu & Kashmir and Ladakh at Srinagar.

Source reference: pp. 5–6, 9

Whether impleading the Inspector General, BSF, Kashmir, or the Director General, BSF, New Delhi, was sufficient to confer territorial jurisdiction on the Court.

Source reference: p. 6
03

Law Applied

Article 226(2) of the Constitution permits a High Court to exercise jurisdiction where the cause of action arises wholly or in part within its territorial limits; the relevant part must be material, integral, or essential to the dispute.

Source reference: pp. 6–7

Relying on Rajesh Kumar Tomar v. Union of India & Ors., the Court applied the principle that a mere fraction of the cause of action suffices only if it is integral or material to the lis.

Source reference: pp. 6–8

It also relied on Zahoor Ahmad Baba v. Union of India & Ors. for the principle that receiving an impugned order within the Court’s territory does not, by itself, confer jurisdiction.

Source reference: p. 8

It also referred to Shahnawaz Ahmad v. Union of India & Ors. and the Division Bench decision in Tirath Ram v. Union of India & Ors. on the requirement that the cause of action be materially connected to the dispute.

Source reference: pp. 8–9
04

Reasoning

The application for voluntary retirement was submitted and accepted at Tura, Meghalaya, and the impugned order was also passed there; the Court found that no material part of the cause of action arose within its territorial limits.

Source reference: pp. 5–6

The Inspector General, BSF, Kashmir, had no nexus with the controversy, while the Director General’s location in New Delhi did not make the matter amenable to every High Court in India.

Source reference: p. 6

Applying the cited authorities, the Court held that the petitioner had not shown an integral or essential part of the dispute arising within its jurisdiction.

Source reference: pp. 6–9
05

Holding

The Court held that it lacked territorial jurisdiction to adjudicate the petition and dismissed it without deciding the merits of the challenge to the voluntary-retirement order.

The petitioner was left free to approach the jurisdictional court for relief.

Source reference: p. 9
Jammu and Kashmir High Court

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KHURSHEED AHMAD KHANvsUNION OF INDIA (HOME) AND ORS

Jammu and Kashmir High Court · September 30, 2026

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