IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16447 of 2009 SHAURYA EX-SERVICEMEN SECURITY PVT. LTD. HAVING ITS OFFICE AT 214, HARINARAYAN COMPLEX, EXHIBITION ROAD, PATNA THROUGH ITS DIRECTOR SRI ARVIND KUMAR RAI, SON OF SRI RAVINDRA RAI, RESIDENT OF 206, HARINARAYAN COMPLEX, EXHIBITION ROAD, PATNA. -PETITIONER Versus 1. THE UNION OF INDIA, THROUGH DIRECTOR GENERAL OF RESETTLEMENT, MINISTRY OF DEFENCE, WEST BLOCK-4, P.O. & P.S. R.K. PURAM, NEW DELHI. 2. THE NATIONAL THERMAL POWER CORPORATION LIMITED, THROUGH ITS GENERAL MANAGER, KAHALGAON SUPER THERMAL POWER PROJECT, P.O. & P.S. KAHALGAON, DISTRICT-BHAGALPUR, BIHAR. 3. I.R.C.O.N. INTERNATIONAL LIMITED, THROUGH ITS GENERAL MANAGER, HAVING PROJECT OFFICE AT KAHALGAON SUPER THERMAL POWER PROJECT, P.O. & P.S. KAHALGAON, DISTRICT-BHAGALPUR. 4. DAMODAR VALLEY CORPORATION, THROUGH ITS GENERAL MANAGER, HAVING ITS OFFICE AT D.V.C. TOWERS, P.O. & P.S., V.I.P. ROAD, KOLKATA. 5. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, FRASER ROAD BRANCH, OLD BUILDING, EXHIBITION ROAD, PATNA. 6. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, P.O. & P.S. ARA BRANCH, HAVING ITS OFFICE AT ARA. 7. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, P.O. & P.S., KANKERBAGH, PATNA. 8. LIFE INSURANCE OF INDIA, BRANCH-II, THROUGH ITS BRANCH MANAGER, ZAIDKA BHAWAN, P.O. & P.S. KOTWALI, EXHIBITION ROAD, PATNA. 9. LIFE INSURANCE OF INDIA, BRANCH-I, THROUGH ITS BRANCH MANAGER, JEEVAN DEEP BUILDING, P.O. & P.S. KOTWALI, EXHIBITION ROAD, PATNA. 10. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, DANAPUR BRANCH, P.O. AND P.S. DANAPUR. 2 11. LIFE INSURANCE OF INDIA, BRANCH-II, THROUGH ITS BRANCH MANAGER, GAYA. 12. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, AURANGABAD BRANCH, AURANGABAD. 13. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, JEHANABAD BRANCH, JEHANABAD. 14. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, BRANCH-I, GAYA. 15. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, RAJGIR BRANCH, RAJGIR. 16. LIFE INSURANCE OF INDIA, THROUGH ITS BRANCH MANAGER, BARH BRANCH, BARH. -RESPONDENTS 2 02.12.2009 Heard the parties. We are not going into merits of the matter for the reasons indicated hereinafter. Earlier the petitioner moved this Court through CWJC no. 13198 of 2008 which fact has been mentioned in paragraph 12 of the writ petition. A copy of that order has been made available to us today. It shows that on that date the only relief claimed by the petitioner was to set aside the order whereby statutory appeal before the Central Excise and Service Tax Appellate Tribunal had been dismissed on ground of delay. This Court granted the relief and after setting aside the order of dismissal remitted the matter to the Tribunal requiring it to dispose of the appeal as well as the stay application on merits. It is not in dispute that the matter is still pending 3 before the Tribunal and no fresh cause of action appears to have arisen to entitle the writ petitioner to approach this Court again. An attempt was made to raise certain issues of law relating to jurisdiction of the Tribunal. We are of the view that all such issues will now have to be raised before the Tribunal first and if wrongly interperated or decided, the grievance may be raised by the petitioner at appropriate stage after the disposal of the appeal and stay application by the Tribunal. The writ petition is, therefore, dismissed for want of any fresh cause of action. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad