IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4454 of 2010 SUMIT KUMAR S/O SRI HARIDWAR SINGH R/O VILLAGE - RAJEERAMDIHRA ,P.O - HURKA, P.S - TILAUTHU, DISTRICT – ROHTAS. ...............PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE DEFENCE SECRETARY, GOVT. OF INDIA , NEW DELHI 2. THE GENERAL OFFICER COMMANDING , WESTERN COMMAND , MAHARASHTRA AT NASIK 3. THE COMMANDING OFFICER, 1- TRAINING REGIMENT , ARTILLERY CENTRE, NASIK, MAHARASHTRA 4. THE CENTRE COMMANDANT TRAINING, 1- TRAINING REGIMENT , ARTILLERY CENTRE, NASIK, MAHARASHTRA 5. THE CAPTAIN, ADJUTANT, 1- TRAINING REGIMENT , ARTILLERY CENTRE, NASIK, MAHARASHTRA 6. THE BATTERY 2/1, TRAINING REGIMENT , ARTILLERY CENTRE, NASIK, MAHARASHTRA 7. THE AREA COMMANDER ARMY REGIMENTAL TRAINING CENTE , GAYA (BIHAR) ...........RESPONDENTS. ----------- 05/ 06.05.2011 After some arguments learned counsel for the petitioner seeks to withdraw this application in order to enable the petitioner to file an appeal against the impugned order. This application is accordingly permitted to be withdrawn with the aforementioned liberty and clarification that the appeal of the petitioner, if filed within a period of one month from today, shall be disposed of on merits instead of its being rejected on any technical ground including the delay keeping in view that this misconceived writ application had remained pending for a period of more than one year. 2 Ranjan (Mihir Kumar Jha, J)