Patna High CourtCWJC/12112/2014disposed

Indu Devi v. The Union Of India And ORS

2017-03-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12112 of 2014 ====================================================== Indu Devi, wife of Late Brij Kishore Tiwary, Resident of Mohalla-Purani Dharamshala Campus, P.O.-Head Post Office, Muzaffarpur, P.S.- Muzaffarpur Town, District- Muzaffarpur .... .... Petitioner

Versus

1. Union of India through the Pay and Account Officer, Central Pension Accounting Office, Government of India, Trikoot-2, Bhikaji Cama Place New Delhi- 110066

2. Sr. Account Officer, Central Excise and Customs, Patna

3. P.A.O. (Comm. of C. Excise & Customs), Patna, Birchand Patel Path, 5th Floor, C.R. Building Patna 800001

4. The Pay and Accounts Officer, Central Excise and Customs, Patna Birchand Patel Path, 5th Floor, C.R. Building Patna 800001

5. Assistant Commissioner, Central Excise and Custom, Emli Chhati, Muzaffarpur, Bihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No. III, Advocate For the Respondent No.1 to 3: Mr. Sanjay Kumar, A.S.G. For the Respondent No. 4 & 5: Mrs. Nivedita Nirvikar, Advocate For the Custom & C. Excise : Mr. Satya Prakash Tripathy, Sr. S.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 21-03-2017 A preliminary objection has been raised by the counsel for the Union of India regarding maintainability of the writ application.

Patna High Court CWJC No.12112 of 2014 (3) dt.21-03-2017 2 / 2 It is submitted by the learned counsel for the petitioner that the petitioner has a remedy before the Central Administrative Tribunal and without invoking the statutory remedy granted to her, she has approached this Court in writ jurisdiction.

Conceding to the objection raised by the learned counsel for the Union of India, learned counsel for the petitioner sought leave to withdraw the present application in order to file appropriate original application before the Central Administrative Tribunal, Patna, Bihar.

Leave is granted.

The writ application is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U