CWP/2655/2024 on 31 December 2024

2024:HHC:16705

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.

Decided on: 31.12.2024 Sh. Ajay Kumar

…….Petitioner

Versus

Union of India and others

… Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Atharv Sharma, Advocate.

For the respondents : Mr. Balram Sharma, DSGI for

respondents No. 1 to 3.

: Mr. Neeraj Gupta, Senior Advocate

with Mr. Ajeet Pal Singh Jaswal,

Advocate for respondent No. 4.

Ajay Mohan Goel, Judge (Oral)

In this case, a preliminary objection has been taken by learned Deputy Solicitor General of India with regard to the maintainability of the writ petition. He submits that the petitioner has the remedy to invoke the jurisdiction of the learned Armed Forces Tribunal.

2. Faced with this situation, learned Counsel for the petitioner submits that the petitioner may be allowed to withdraw the present writ petition with liberty to approach learned Armed Forces Tribunal but the time spent by the petitioner while pursuing 1 Whether reporters of the local papers may be allowed to see the judgment? High Court of H.P. ::: Downloaded on - 30/10/2026 19:22:19 :::CIS

2024:HHC:16705 this writ petition be ordered to be condoned while calculating the limitation by learned Tribunal.

Accordingly, this writ petition is dismissed as withdrawn with liberty as prayed for, with further observation that for the purpose of calculating the limitation, the time that has been bonafidely spent by the petitioner while pursuing this writ petition before this Court shall be condoned. Pending miscellaneous application(s), if any also stand disposed of accordingly.

(Ajay Mohan Goel)

Judge December 31, 2024 (narender) High Court of H.P. ::: Downloaded on - 30/10/2026 19:22:19 :::CIS