High CourtsSingle Bench(2024) 12 SHI CK 0068

Sh. Ajay Kumar vs Union Of India And Others

High Court Of Himachal Pradesh · Decided on 31 December 2024

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
CWP No. 2655 of 2024

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Judgment

4 paragraphs · 158 words

Ajay Mohan Goel, J

1.

In this case, a preliminary objection has been taken by learned Deputy Solicitor General of India with regard to the maintainability of the writ petition. He submits that the petitioner has the remedy to invoke the jurisdiction of the learned Armed Forces Tribunal.

2.

Faced with this situation, learned Counsel for the petitioner submits that the petitioner may be allowed to withdraw the present writ petition with liberty to approach learned Armed Forces Tribunal but the time spent by the petitioner while pursuing this writ petition be ordered to be condoned while calculating the limitation by learned Tribunal.

Accordingly, this writ petition is dismissed as withdrawn with liberty as prayed for, with further observation that for the purpose of calculating the limitation, the time that has been bonafidely spent by the petitioner while pursuing this writ petition before this Court shall be condoned. Pending miscellaneous application(s), if any also stand disposed of accordingly.