Ajay Mohan Goel, JÂ Â Â Â
1. 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 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Accordingly, this writ petition is dismissed as withdrawn with liberty as prayed for, with further observation that for the purpose of calculating the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.
