Arjun Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10460 of 2013 =========================================================== Arjun Paswan adopted S/o Late Kallu Paswan Natural S/o Late Lakshan Paswan, Resident of Gataro, P.S. Lalganj, Distt. - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar represented through the Chief Secretary, Govt. of Bihar, old Secretariat Building, Patna.

2. Superintendent of Police, Vaishali at Hajipur.

3. Sub-Divisional Police Officer, Hajipur

4. Circle Officer, Lalganj, Vaishali at Hajipur

5. Officer-in-Charge, Lalganj, Vaishali Police Station, Vaishali

6. Manoj Paswan S/o Mahesh Paswan, resident of Amritpur, P.S. Vaishali Distt.- Vaishali

7. District Magistrate, Vaishali at Hajipur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : M/s Tilak Sao and Ram Swarup Prasad, Advs. For the Respondent/s : Mr. Sanjay Kumar, AC to GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 05-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking relief from this Court for giving direction for his appointment on compassionate ground on the basis of an Adoption Deed printed in the plain paper having no evidentiary value showing the actual adoption of this petitioner by the deceased.

The petitioner for his appointment on compassionate ground, moved before this Court in C.W.J.C. No. 20399/2012, which

Patna High Court CWJC No.10460 of 2013 dt.05-08-2016 2/2 was disposed of with a direction to consider the matter and pass a reasoned order.

In pursuance thereof, the District Magistrate, Vaishali rejected the claim of the petitioner, vide order dated 11.4.2013 (Annexure 2/1 to this writ petition) on two grounds, first he is above than the prescribed age provided under the Hindu Adoption and Maintenance Act, 1956 and second, the Adoption Deed is on plain paper.

The deed which has been produced, has no evidentiary value in law, as it has been written in the plain paper. In such view of the matter, this Court does not find any reason to interfere with the order passed by the District Magistrate.

Accordingly, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- AFR/NAFR NAFR CAV DATE Uploading Date 11.08.2016 Transmission Date