IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13535 of 2010 1. LEAYAQUAT KARIM S/O LATE SAADAT KARIM R/O KARIM MANZIL, VILL SAGUNA, P.O.& P.S.DANAPUR, DISTT-PATNA, BIHAR Versus 1. THE UNION OF INDIA THROUGH THE DEFENCE SECRETARY, MINISTRY OF DEFENSE GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI 2. THE COMMANDER , ARMY HEAD QUARTER, JHARKHAND, ORISSA AND BIHAR SUB-AREA, DANAPUR CANTT. DISTT-PATNA, BIHAR 3. MR. OMESH SINGH RATORE S/O LATE COL. BHAGWAN SINGH LIUTENANT COLONEL OFFICER COMMANDING 298(1), SUPPLY PLATOON ASC, DANAPUR CANTT, DISTT- PATNA, BIHAR 4. ASSISTANT DIRECTOR, SUPPLY & TRANSPORT, ARMY HEAD QUARTER OF SUB AREA OF JHARKHAND, ORISSA & BIHAR DANAPUR CANTT., DISTT-PATNA, BIHAR 5. THE IN-CHARGE, HQ, JOB SUB AREA (QR.) DANAPUR CANTT., PATNA 6. THE OFFICER-IN-CHARGE, ASC RABBIT GAS AGENCY C/O 298(1) SUPPLY PLATOON ASC, DANAPUR CANTT, PATNA With CWJC No.13683 of 2010 1. NAGESHWAR PRASAD S/O SHRI BHAGWAN SAH R/O VILL.- PURANIA, P.O.- NEORA, P.S.- BIHTA, DISTT.- PATNA 2. SHANKAR PRASAD S/O SHRI GORAKH PRASAD R/O VILL.- NURPUR CHANMARI, P.O.- CHANMARI (DANAPUR), DISTT.- PATNA (BIHAR) Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE, GOVT. OF INDIA, SOUTH BLOCK, NEW DELHI 2. COMMANDER, H.Q. JHARKHAND, ORISSA BIHAR SUB- AREA DANAPUR CANTONMENT, DISTT.- PATNA (BIHAR) 3. OMESH SINGH RATHOD, LIEUTENANT COLONEL, OFFICER COMMANDIR-298(i) SUPPLY PLATOON, ASC, DANAPUR CANT. 4. ASSISTANT DIRECTOR, SUPPLY AND TRANSPORT, H.Q. JHARKHAND, ORISSA BIHAR, SUB-AREA, DANAPUR, CANTONMENT ----------- 07. 28.09.2010 Counsel for the Union of India has produced authority letter of Brigadier Sri S.K.Yadav dated 23.9.2010, whereunder Sri Yadav having perused the contents of the two writ application(s) and - 2 - the counter affidavit dated 6.9.2010 and 13.9.2010 filed by the Lieutenant Colonel Sri O.S. Rathore in the two writ application(s) stated that the counter affidavit be treated as affidavit on behalf of the Union of India also. Aforesaid letter dated 23.9.2010 is directed to be kept on record. 2. Petitioners in the two writ application(s) are permitted to withdraw the two writ application with liberty to challenge the order dated 8.7.2010 passed by the Officer In Charge ASC Rabbit Gas Agency, Danapur Cantt., Patna as also the order dated 30.6.2010 referred to in the said order. 3. With the liberty aforesaid, the two writ application(s) are permitted to be withdrawn. Rajesh/ (V.N. Sinha, J.)