Dinesh Sharma vs The Union Of India & Ors on 11 November, 2011

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Letters Patent Appeal No.1646 of 2011
                                      In
               Civil Writ Jurisdiction Case No. 8222 of 2004
                                     With
                Interlocutory Application No. 7615 of 2011
                                      In
                    Letters Patent Appeal No.1646 of 2011
======================================================
Dinesh Sharma S/o Sri Nawal Kishore Singh R/o Village- Choubra, P.S.-
Konch, District- Gaya
                                                           .... ....   Appellant
                                    Versus
1. The Union of India through the Secretary, Department of Defence, New
Delhi
2. The Chief of the Army Staff, Army Head Quarter, New Delhi
3. General Commanding Officer-in-Chief, Eastern Command, Calcutta.
4. General Officer Commanding, 4 Corps, C/O 99 APO, HQ Eastern
Command (Div.3), Kolkata.
5. Colonel Commanding Officer, 32, EME Battalion (Tpt) Misamari,
Assam
6. The General Officer Commanding-in-Charge, 4 Corps, C/o 99 APO,
Eastern Command, Calcutta.
                                                       .... .... Respondents
======================================================
Appearance :
For the Appellant        :       Mr. Dinu Kumar, Advocate
For the Respondents          :   Mr. Nadim Seraj, C.G.C.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
          and
          HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)
2 Patna High Court LPA No.1646 of 2011 (2) dt.11-11-2011

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2. 11-11-2011 Learned advocate Mr. Dinu Kumar will arrange the
paper book in order.

Learned advocate Mr. Dinu Kumar appears for the
appellant. He states that the appellant may avail of the alternative
remedy of appeal before the Armed Forces Tribunal constituted
under the Armed Forces Tribunal Act, 2007. He, therefore, seeks
leave to withdraw this Appeal.

Leave is granted.

Appeal and the Interlocutory Application are
disposed of as withdrawn.

The appellant will be at liberty to approach the
Tribunal constituted under the Armed Forces Tribunal Act, 2007
in the same subject matter.

(R.M. Doshit, CJ)

(Birendra Prasad Verma, J)
Pawan/-