IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8434 of 1999 Between: Summer Singh, S/o Tara Chand, R/o Hyderabad. ..... PETITIONER AND 1 Union Of India, Rep. by its Secretary for Defence, South Block, New Delhi. 2 Cheif of the Army Staff, Army Head Qrts., Sena Bhavan, New Delhi. 3 General Officer Commanding in Cheif Head Qrts., Sena Bhavan, New Delhi. 4 General Officer Commanding, Andhra, Taminnadu, Karnataka, Kerala & Goa Areas, Chennai. 5 Commanding Officer, 2 Trg Regiment Artillary Centre, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction, more in the nature of Writ of Certiorari, declaring the finding and sentence of the Court Martial dt.27-2-99 as illegal, perverse, without any substantial evidence and inviolatiion of principles of natural justice and also Rules 58 (1) (a) & 61 of the Army Rules 1954 as invalid and to set asid the same and to pass such other orders as are necessary in the interests of justice. Counsel for the Petitioner:MR.S.KRISHNA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER : When the matter came up for hearing, it is represented that the Armed Forces Tribunals are constituted and as such, this matter is to be transferred to the appropriate bench. 3. This Court is of the view that this writ petition needs to be withdrawn and transferred to the Armed Forces Tribunal. Accordingly, this Writ Petition is withdrawn and transferred to the Armed Forces Tribunal bench at Chennai. _________________________ GOPALA KRISHNA TAMADA, J July 29, 2009 KSH