Case Note & Summary
The petitioner, Karnataka Power Corporation Limited, a Government of India undertaking based in Bengaluru, challenged three notices dated 28-02-2024, 04-03-2024, and 13-03-2024 issued by the National Commission for Backward Classes (NCBC), which is headquartered in New Delhi but sought to conduct proceedings in Nagpur, Maharashtra. The petitioner contended that the NCBC lacked territorial jurisdiction to summon a Karnataka-based entity for proceedings outside Karnataka. The court, after hearing the Advocate General for the petitioner and the Additional Solicitor General for the respondents, examined the scope of the Commission's powers under Article 338B of the Constitution. It found that the Commission's jurisdiction is confined to its territorial limits and that no provision empowers it to exercise jurisdiction over entities located in other states. The court quashed the notices, holding them to be wholly without jurisdiction and not binding on the petitioner.
Headnote
A) Constitutional Law - National Commission for Backward Classes - Territorial Jurisdiction - Article 338B of the Constitution of India - The Commission issued notices to the petitioner, a Karnataka-based corporation, for proceedings in Maharashtra. The court held that the Commission's jurisdiction is limited to its territorial area and cannot extend to entities outside that area without specific statutory authority. The notices were quashed as being without jurisdiction. (Paras 1-3)
Issue of Consideration
Whether the National Commission for Backward Classes has the territorial jurisdiction to issue notices to a corporation located in Karnataka for proceedings to be conducted in Maharashtra.
Final Decision
The writ petition is allowed. The notices dated 28-02-2024, 04-03-2024, and 13-03-2024 issued by the National Commission for Backward Classes are quashed as being without jurisdiction.
Law Points
- Territorial jurisdiction of National Commission for Backward Classes
- Article 338B of the Constitution of India
- Power to summon and enforce attendance
- Limits of statutory commissions
Case Details
2020 LawText (KAR) (09) 29
Writ Petition No.8427 of 2024 (GM - RES)
K. Shashikiran Shetty, Yashodhar Hegde, K. Arvind Kamath, M.N. Kumar
Karnataka Power Corporation Limited
National Commission for Backward Classes, Divisional Commissioner Nagpur, District Collector Chandrapur
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Nature of Litigation
Writ petition challenging notices issued by the National Commission for Backward Classes for lack of territorial jurisdiction.
Remedy Sought
Quashing of notices dated 28-02-2024, 04-03-2024, and 13-03-2024 issued by the National Commission for Backward Classes.
Filing Reason
The petitioner, a Karnataka-based corporation, received notices from the NCBC for proceedings in Maharashtra, which it contended was beyond the Commission's territorial jurisdiction.
Issues
Whether the National Commission for Backward Classes has territorial jurisdiction to issue notices to a corporation located in Karnataka for proceedings in Maharashtra.
Submissions/Arguments
Petitioner argued that the NCBC lacks territorial jurisdiction to summon a Karnataka-based entity for proceedings in Maharashtra.
Respondents contended that the Commission has powers under Article 338B to summon any person across India.
Ratio Decidendi
The National Commission for Backward Classes does not have territorial jurisdiction to issue notices to entities located outside its territorial area for proceedings to be conducted elsewhere, absent specific statutory authority. The notices were quashed as without jurisdiction.
Judgment Excerpts
The petitioner/Karnataka Power Corporation Limited is before this Court calling in question notices dated 28-02-2024, 04-03-2024 and 13-03-2024 issued by the 1st respondent/National Commission for Backward Classes.
Heard Sri K. Shashikiran Shetty, learned Advocate General appearing for the petitioner and Sri K. Arvind Kamath, learned Additional Solicitor General of India appearing for the respondents.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It was reserved for orders on 14.08.2025 and pronounced on 19.09.2025.
Acts & Sections
- Constitution of India: Article 338B, Articles 226 and 227
