IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6836/2006 Om Prakash Vs. The Union of India and Others Date of Order ::: 11.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Harish Maan, Counsel for the petitioner None present for respondents #### By the Court:- Learned counsel for petitioner contended that the Armed Forces Tribunal, Jaipur Bench has been established and it has started functioning, therefore, present writ petition is liable to be transferred in view of sub-section (1) of Section 34 of the Armed Forces Tribunal Act, 2007 which reads as under: “34. Transfer of pending cases.-(1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal.” In view of above specific provision, writ petition stands disposed of and the same is transferred for disposal on merits to the Armed Forces Tribunal, Jaipur Bench, Jaipur. Since the learned counsel for respondents is not present, therefore, the Tribunal to send a notice to the parties before decision of case on merits. The registry is directed to take necessary steps in this regard and send the file to the Tribunal immediately. (Mohammad Rafiq) J. //Jaiman//