IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2910 of 2007 Md.Mirajul Haque Mollah, son of Khodabaksh Mollah, resident of Village- Debpur Purba Para, P.S. Beldanga, District Murshidabad, Calcutta(W.B.) --- Petitioner. Versus 1. The Union of India, Service through the Secretary Ministry of Defence, New Delhi. 2. General Officer, Commanding Bihar, Area. 3. The Officer Commanding, Bihar Area. 4. The Colonel, Commanding Officer No.1 Training Battalion(AT), Army Service Corps Center(North) P.O. Paharpore, District- Gaya, Bihar. 5. The Captain Adjt. D O M, No.1 Training, Battalion (AT), Army Service Corps Center (North), P.O. Paharpore, District- Gaya, Bihar -- ---- Respondents. ------------------ 2. 30.9.2008 Heard Mr. Udit Narayan Singh for the petitioner, and Mr. Ajit Pratap Singh for the Union of India. The petitioner is an ex-army personnel . Learned counsel for the respondents submits that the petitioner has rushed to this Court without exhausting the statutory remedy of appeal available to him. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw this writ petition to avail the remedy of statutory appeal. In case the appeal has been preferred within a period of four weeks, then the delay in filing the appeal shall not come in the way and shall be disposed of on merit. 2 The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar , J.)