IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20723 of 2011 ====================================================== Amitabh Kumar Bharti, s/o- Late Bahadur Yadav, r/o- village Bagraja. P.S.- Hasanpur, District- Samastipur (Bihar). .... .... Petitioner/s Versus 1. The Union of India through the Recruitment Director, Military Recruitment Office, Muzaffarpur. 2. The Recruitment Director, Military Recruitment Office, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Respondent/s : Mr. Raghib Ahsan(Asst.SG) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 2 25-11-2011 Both sides present. The matter has been listed under the heading “For Admission” along with defects pointed out by the office. The objection is that the application would not be maintainable in this Court in view of the provisions contained in Section 3(O)(ii) of the Arms Forces Tribunal Act, 2007. Learned Assistant Solicitor General relying on an order of this Court passed in L.P.A. No. 223 of 2010 submits that the issue has already been decided. It is, thus contended that the remedy lies before the Tribunal constituted under the aforesaid Act. Mr. Yadav learned counsel for the petitioner, in that view Patna High Court CWJC No.20723 of 2011 (2) dt.25-11-2011 2 of the matter, seeks permission of the Court to withdraw the application in order to pursue remedy before the appropriate forum in accordance with law. Permission is accorded. The application is dismissed as withdrawn with the liberty aforesaid. PANKAJ KUMAR/- (Kishore K. Mandal, J)