IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 105 of 2004 (S/S) Jeet Bahadur Chand, Sep. No. 4186246, 15, Kumaon Regiment, S/O Tara Chand, R/O Biriya, Majhola,Tehsil, Khatima, District Udham Singh Nagar. …… Petitioner. Versus Union of India and two others. … Respondents. Mr. S.K.Shandilya, Advocate for the petitioner-applicant. Mr. Vikas Pande, Standing Counsel (Union of India) for the respondents. Date July 16, 2010. Hon’ble B.S.Verma, J. (Restoration Application No. 551 of 2010) (Delay Condonation Application No. 5690 of 2010) Heard learned counsel for the parties on restoration application, which is accompanied with delay condonation application. The petitioner has filed the present application for restoration of the writ petition. Petitioner has also filed application for condonation of delay, which is supported by an affidavit. This writ petition was dismissed for want of prosecution by order dated 26-2-2010 passed by this Court. The grounds mentioned in the affidavit accompanying the delay condonation application are sufficient to condone the delay in filing the restoration application and to recall the dismissal order dated 26-2-2010. The delay is condoned. The order of dismissal dated 26-2-2010 is hereby recalled and the writ petition is restored to its original number. The delay condonation application as well as restoration application are allowed. Learned counsel appearing for the Union of India has submitted that now the jurisdiction to decide the controversy 2 involved in the present writ petition is vested in the Armed Forces Tribunal at Lucknow (for short the Tribunal), therefore, the matter be relegated to the Tribunal. Having considered the submissions of the learned counsel for the respondents, I am satisfied that the jurisdiction to hear the present writ petition is vested with the Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007. Therefore, in terms of Section 34 of the Armed Forces Tribunal Act, 2007, the present writ petition would stand transferred to the Tribunal. Accordingly, the Registry of this Court is directed to transfer the writ petition to the Tribunal concerned under Section 34 of the Armed Forces Tribunal Act, 2007. ( B.S.Verma, J. ) RCP