Arun Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5720 of 2014 ===========================================================

1. Arun Tiwari S/O Late Bengali Tiwari Village + P.O. Bazidpur, P.S. Vidyapatinagar, District- Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar through the Department Of Home (Police) Govt. Of Bihar, Patna

2. The District Magistrate, Samastipur

3. The Sr. Superintendent of Police, Samastipur

4. The Sub-Divisional Officer, Dalsingsarai

5. The SDPO, Dalsingsarai

6. The Officer-In-Charge, Vidyapatinagar, Distt.- Samastipur

7. The Circle Officer, Null Vidyapatinagar, Distt. Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh Mr Suresh Pd. Singh No.1 For the Respondent/s : Mr. Prabhat Kumar, AC to GA 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 30-03-2016 Petitioner is claiming to be adopted son of the erstwhile Dafadar. The finding given by the respondents is that there is no clear legal evidence and documentation with regard to such claim of adoption. In the above circumstances, till there is a declaration by a civil court of competent jurisdiction, mere assertion may not do in favour of the petitioner because there is a codified law under which adoption amongst Hindus can be made or accepted. Writ is dismissed. It is left to the petitioner to decide his future course of action. No mandamus can issue in the

Patna High Court CWJC No.5720 of 2014 dt.30-03-2016 2/2 controversial circumstances in favour of the petitioner at this juncture.

(Ajay Kumar Tripathi, J) sk U