IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3257 of 2004 SACHITA NAND SINGH Versus THE UNION OF INDIA & ORS ----------- 2 23.1.2009 Counsel for the petitioner, in view of the following relief prayed in paragraph no. 1 in this writ application:- “i. For issuance of writ or writs in the nature of mandamus commanding the respondents to immediately grant of Swatantry Sanik saman pension, to the petitioner which has been duly forwarded by the Govt. of Bihar on 7.4.1993 in memo no. 1095(C). ii. For issuance of all the consequential benefits to the petitioner related with Swatentrata Sanik Saman pension. iii. For commanding the respondents as to why the Swantantra Sanik Saman Pension is not paid to the petitioner. iv. For issuance another writ or writs, order(s), direction(s), as this Hon’ble Court may deem fit and proper as the facts and circumstances of this case.” coupled with following statement made in paragraph no.2 of the writ application:- “That the petitioner has been earlier preferred by the way of writ petition in the instant matter before this Hon’ble Court in C.W.J.C. No. 1779 of 2001 which was dismissed due to non compliance of order dated 9.2.2001 passed by a bench of this Hon’ble Court presided over by Hon’ble Mr. Justice Aftab Alam. Thereafter the petitioner has been filed an application for restoration before this Hon’ble Court in M.J.C. No. 1127 of 2001 which was also dismissed on 17.10.2003 presided over by Hon’ble Mr. Justice Aftab Alam due to non- appearance for the learned counsel of the petitioner.” 2 realizes the difficulty in the maintainability of this writ application for the same of cause of action and thus seeks permission to withdraw this application in order to avail any other remedy for grant of pension under Freedom Fighter Scheme. The counsel for the Government of India and State of Bihar have no objection to such prayer. That being so, this application is permitted to be withdrawn with a liberty to the petitioner to take my appropriate action in accordance with law save and except to move this Court for the same cause of action for which either this writ application or C.W.J.C. No. 1799/2001 had been filed earlier by the petitioner. Rsh (Mihir Kumar Jha, J.)