Patna High CourtCWJC/18417/2016disposed

Sarwan Ram v. The Union Of India And ORS

2018-08-02Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18417 of 2016 =========================================================== Sarwan Ram S/o Late Munilal Ram R/o village - Vishunpura, P.O. + P.S. Imadpur, District Bhojpur (Ara).

.... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Ministry of Defence, Sena Bhawan, New Delhi.

2. The Secretary, Ministry of Defence, Sena Bhawan, New Delhi.

3. The Commanding Officer, Binaguri, (Jalpaiguri), West Bengal.

4. The Senior Records Officer, Abhilekh Bengal Abhiyanta Samooh, Benga Engineer Group Records, West Bengal.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Bhusan Singh and Mr. S. K. Sarkar, Advocates For the U.O.I.

Mr. S. D. Sanjay, A.S.G.

Mr. A. B. Mathu, C.G.C.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-08-2018 Heard learned counsel for the petitioner and Union of India.

2. The petitioner has moved the Court for the following reliefs:

"(i) For issuance of a writ in the nature of certiorari quashing the letter dated 10.07.2013 (Annexure-2) and 05.02.2014 (Annexure-3).

(ii) For issuance of any other writ/order/orders to which the petitioner may be found entitle in the fact and circumstances of the case."

3. In view of the objection taken by learned counsel for the Union of India, that for the relief claimed in the present writ

Patna High Court CWJC No.18417 of 2016 dt.02-08-2018 2/2 application, the petitioner has to first approach the Armed Forces Tribunal (hereinafter referred to as the 'Tribunal'), learned counsel for the petitioner submitted that he may be permitted to withdraw the writ petition with liberty to move before such Tribunal.

4. Learned counsel for the Union of India does not object.

5. In view thereof, the writ petition stands disposed off with liberty aforesaid.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U