Mr. Shubham Kumar, Mr. Ritesh Singh, Mr. Uttam Kumar, Mr. Vishal Singh, Mr. Suraj Pathak, Ms. Kumud Jha and Mr. Peetam Runthala v. Union of India and Ors

Delhi High Court · 17 Apr 2025 · 2025:DHC:2736-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 2189/2025
2025:DHC:2736-DB
administrative appeal_dismissed

AI Summary

The Delhi High Court dismissed the writ petition on the ground of lack of jurisdiction and directed the petitioners to approach the Armed Forces Tribunal for adjudication.

Full Text
Translation output
W.P.(C) 2189/2025
HIGH COURT OF DELHI
W.P.(C) 2189/2025 & CM APPL. 10334/2025
MAJ KAVISH AGGARWALA AND ORS .....Petitioners
Through: Mr. J. Sai Deepak, Sr. Adv.
WITH
Mr. Shubham Kumar, Mr. Ritesh Singh, Mr. Uttam Kumar, Mr. Vishal Singh, Mr. Suraj Pathak, Ms. Kumud Jha and Mr. Peetam Runthala, Advs.
VERSUS
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Amit Tiwari, CGSC, Mr. Hussain Taqvi, GP
WITH
Mr. Ayush Tanwar and Ms. Ayushi Srivastava, Advs.
MAJ Anish Muralidhar for Army
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
17.04.2025 C. HARI SHANKAR, J.
JUDGMENT

1. In this matter, on the last date of hearing, a preliminary objection had been raised by Mr. Tiwari, learned Counsel for the respondents that the present lis would lie before the Armed Forces Tribunal[1].

2. Having heard learned Counsel for the parties, we are inclined to “AFT” hereinafter W.P.(C) 2189/2025 agree with the submission. At this juncture, Mr. J. Sai Deepak, learned Senior Counsel for the petitioners’ prays, on instructions, that this writ petition may be transferred to the AFT so as to expedite matters and avoid duplication of the proceedings.

3. Accordingly, we permit the petitioners to present this writ petition along with entire record of this writ petition before the AFT which would deal with the writ petition treating it as an original application in accordance with law.

4. For the said purpose, the Registry is directed to provide the electronic copy of the writ petition to the petitioners so that it can be presented before the AFT.

5. It is made clear that we have not expressed any opinion on the merits of the matter.

6. The writ petition is accordingly dismissed.

C. HARI SHANKAR, J