Rath has also challenged the government's decision to scrap his appointment as deputy chief of army staff in the backdrop of the alleged scam.
The petition filed by Rath is likely to be listed for hearing on February 16, a law officer of the government said.
The Sukna land scam involves the sale of a 71-acre land adjacent to Sukna military station in West Bengal for which the army had issued a No Objection Certificate to a private realtor.
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