Dayaram Verma v. Union of India & Ors.

Delhi High Court · 07 Apr 2025 · 2025:DHC:2425-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 4386/2025
2025:DHC:2425-DB
administrative petition_allowed

AI Summary

The High Court permitted withdrawal of a writ petition concerning a dispute within the Armed Forces Tribunal’s jurisdiction, directing the petitioner to approach the Tribunal with the same petition treated as an Original Application.

Full Text
Translation output
W.P.(C) 4386/2025
HIGH COURT OF DELHI
W.P.(C) 4386/2025 and CM APPL. 20273/2025
DAYARAM VERMA .....Petitioner
Through: Mr. Ajeet Yadav and Mr. Prabhash Kumar Singh, Advs.
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Kamakshi Sehgal, SPC
WITH
Mr. Keshav Sehgal, Mr. Shivam Gaur, Mr. Kshitij Joshi, Mr. Aryan Kumar and
Ms. Nandita Sharma, Advs. along
WITH
Mr. Manish Kumar Singh & Mr. Sarvan Singh, Air Force Cell (legal).
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
07.04.2025
JUDGMENT

1. Ms. Kamakshi Sehgal, learned Counsel for the respondents submits that the claim of the petitioner would lie before Armed Forces Tribunal

C. HARI SHANKAR, J..

2. Mr. Ajeet Yadav, learned Counsel for the petitioner, submits that in earlier writ petition, this Court has entertained matters and decided them. “the Tribunal”, hereinafter W.P.(C) 4386/2025

3. We have seen the orders passed in the other cases. None of the order deal with the aspect of availability of alternate remedy before the Tribunal.

4. Mr. Yadav does not dispute the fact that the lis in this petition is amenable to jurisdiction by the Tribunal.

5. Accordingly, Mr. Yadav seeks leave to withdraw the petition with liberty to approach the Tribunal.

6. In order to expedite matters, we permit the petitioner to present this petition itself before the Tribunal, which will treat it as Original Application and proceed to decide in accordance with law.

7. The registry is directed to return the papers to the petitioner so that he could act in accordance with the order passed today.

8. The petition is disposed of as withdrawn.

C. HARI SHANKAR, J.