IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12126 of 2007 Raj Kumar Thakur, son of Dharam Nath Thakur, resident of Village Gundi, P.O. Gundi, P.S. Bhojpur, District Bhojpur at Ara. -------- Petitioner Versus 1. The Union of Indian through the Defence Secretary, Government of India, New Delhi. 2. The General Army Head Quarter, New Delhi 56, A.P.O. 3. The Commanding Officer, 8 Mech. Machanise Infantry, 56 A.P.O. 4. The Goe-in-Chief Northern Command, 56 A.P.O. 5. The Lieutenant General Officer commanding-in-Chief, Northern Command, 56 A.P.O. ---------- Respondents ---------- For the Petitioner :- Miss. Sushmita Mishra, Adv. For the Union of India :- Mr. Sahvind Kumar Sharma, (CGC) 7 23.6.2011 Having heard learned counsel for the parties and taking into account the fact that the issue with regard to the scope of maintainability of a writ application arising out of service matter of a member of Armed Forces has been decided recently by a Division Bench of this Court in the order dated 9.5.2011 in LPA No. 223 of 2011 (The Union of India Vs. Sarat Chandr Mishra & Ors.), this Court would allow the prayer of learned counsel for the petitioner to withdraw this writ application in order to enable the petitioner to approach Armed Forces Tribunal within a period of two months from today for ventilation of his grievance as raised in this writ application. 2 It is, however, observed that as the petitioner was availing the remedy under Article 226 of the Constitution before this Court by filing this application on 17.9.2007, the Tribunal shall decide the question with regard to the relief of quashing of the order dated 15.6.2007 on merits without subjecting the petitioner the rigors of limitation, if any. The Tribunal in fact will make all its efforts to dispose of the application filed by the petitioner at an early date preferably within a period of six months from the date of filing of such application by the petitioner before the Tribunal. With the aforesaid observations and liberty, this application is permitted to be withdrawn. Rsh (Mihir Kumar Jha, J.)