Unnayan Seva Samiti v. Shri Rajiv Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 414 of 2016 • Unnayan Seva Samiti Plot No. 960/22, Kelo Vihar Colony, Raigarh, Through Its President, Shri Siddhant Shanker Mohanti, S/o Late Shri Sharad Chandra Mohanti, Age 39 Years, R/o Kelo Vihar Colony, Raigarh, Tah. & District Raigarh (Chhattisgarh) ---- Petitioner

Versus

1. Shri Rajiv Pandey S/o Shri Ramdeep Pandey, Aged About 39 Years Occupation Software Tester, R/o 3460 Harrington Drive, Ellicott City, Maryland ( U. S. A.)

2. Pallavi Sinha, W/o Shri Rajiv Pandey, Aged About 37 Years Occupation Dentist, R/o 3460 Harrington Drive, Ellicott City, Maryland ( U. S. A.)

3. Public In General : Who May Concern ---- Respondent For Petitioner Mr. Amit Sharma, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/7/2016

1. Heard.

2. This petition under Article 227 of the Constitution of India has been preferred to challenge the order passed by the District Judge, Raigarh on 13.04.2016, rejecting the petitioner's application under Section 41(6) of the Juvenile Justice (Care and Protection of Children) Act, 2000 for adoption of a baby girl.

3. Under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (No.2 of 2016) (in short 'the Act 2015), such an order is revisable before the High Court. Thus, the petitioner has an alternative remedy before this Court under Section 102 of the Act 2015.

4. In view of the above, the present petition filed under Article 227 of the Constitution of India, is not maintainable.

5. The writ petition is accordingly dismissed reserving liberty in favour of the petitioner to prefer a duly constituted Revision Application under Section 102 of the Act, 2015 before this Court.

6. The certified copy of the impugned order be returned to counsel for the petitioner after retaining a xerox copy of the same. Sd/- Judge (Prashant Kumar Mishra) Shyna