IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20603 of 2010 SUDHAKAR MISHRA son of late Damodar Mishra, Ex.-JC-1810664, resident of village-Jagdishpur, Bahnagari, Via-Silout, P.S.-Maniyari, Dist.-Muzaffarpur ……. ………Petitioner Versus 1.THE UNION OF INDIA through the Ministry of Defence, New Delhi 2.The Chief of Army Staff, Army Headquarter, New Delhi 3.The General Officer Commanding-in-Chief, Western Command, Chandi Mandi, Hariyana. 4.Commanding Officer, 9,Grenadiers (Mewar), Dist.-Dehradun 5.The Major Record Officer, for O.I.C. Records, Sena Police Abhilekh Karyalaya Corps of Military Police Records. …… …….Respondents ----------- 2. 3.1.2011. Heard Mr.V.K.Singh, learned counsel for the petitioner and Mr.Priya Ranjan, learned Central Government Standing Counsel. The petitioner, who was a member of armed forces, has prayed for directing the respondent-authority to pay A.G.I. maturity benefits, pension and other allowances. A preliminary objection was raised on behalf of Government of India that in view of constitution of Armed Forces Tribunal, this court may not entertain the present petition. It was submitted that in similar situation preliminary objection raised on behalf of Central Government in C.W.J.C. No.17959 of 2009 of 2009 (Dinesh Sharma, Ex.-Nayak Honorary Havildar Vs. The Union of India and others) on 22.12.2010 has been accepted and the writ petition was dismissed on the ground of maintainability. It was prayed by learned counsel for the petitioner to allow him to withdraw this petition for filing a proper petition before 2 appropriate forum. Prayer is allowed. The writ petition is dismissed as withdrawn with liberty as indicated above. Md.S. ( Rakesh Kumar, J.)