Himachal Pradesh High Court
Monu Kumar Alias Manoj Kumar vs Union Of India And Others on 21 May, 2019
Bench: Surya Kant, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 935 of 2019
Decided on: 21.5.2019
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Monu Kumar alias Manoj Kumar ....Petitioner
Versus
Union of India and others ...Respondents
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Coram
Hon'ble Mr. Justice Surya Kant, Chief Justice
Hon'ble Mr. Justice Sandeep Sharma, Judge
Whether approved for reporting1?
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For the petitioner Mr. Kulbhushan Khajuria, Advocate.
For the respondents Mr. Rajesh Kumar, Assistant Solicitor
General of India.
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Sandeep Sharma, J. (Oral)
The petitioner has filed the instant writ petition seeking a direction to the respondents to return the original Adoption Deed dated 31.12.2002 submitted by his mother, late Smt. Ram Kaur alias Ramku Devi, enabling him to exhibit the same in the civil Court.
2. On 3rd May, 2019, this Court, keeping in view the trivial issue involved in the lis and with a view to afford an opportunity to the respondents to resolve the dispute at their level, directed learned Assistant Solicitor General of India to have instructions in the matter but no instructions have been conveyed to this court. Having regard to the nature of order we propose to pass in the matter, requirement of filing reply by the Whether reporters of the Local papers are allowed to see the judgment? .
::: Downloaded on - 22/05/2019 21:57:16 :::HCHP -2-respondents is dispensed with and the petition is taken up for disposal as such.
3. As per the facts disclosed in the petition, one Smt. .
Ram Kaur alias Ramku Devi wife of late Gnr. Bhola, adopted the petitioner as her son vide Adoption Deed dated 31.12.2002 and submitted the same with the "Topkhana Abhilekh Artillery Records PIN-908802 c/o 56 APO" for making apposite entry in the Army records. It further transpires from the petition that one Smt. Durgi Devi had filed CWP No. 7571 of 2010 in this Court, whereby she had laid challenge to the action of the respondents in granting family pension in favour of Smt. Ram Kaur alias Ramku Devi, which was dismissed. It further transpires that Smt. Ram Kaur alias Ramku Devi had submitted Adoption Deed dated 31.12.2002 to the Army Authorities for making necessary entries in the service of record of late Gnr. Bhola Ram. Smt. Ram Kaur alias Ramku Devi expired on 1.8.2015 leaving behind adopted son i.e. petitioner, as her legal heir, who filed a suit for declaration to the effect that he was the adopted son of late Ram Kaur alias Ramku Devi. The aforesaid suit is pending in civil Court and, as per the petitioner, aforesaid Adoption Deed is required to be exhibited by him in the civil suit.
4. Careful perusal of Annexures P-1 and P-2 clearly reveals that the original Adoption Deed was deposited with respondent No.2 by late Smt. Ram Kaur alias Ramku Devi and even the Deputy Director, Sainik Welfare, Bilaspur vide communication dated 6th February, 2019 (Annexure P-2) has ::: Downloaded on - 22/05/2019 21:57:16 :::HCHP -3- requested respondent No.2 to return the original Adoption Deed dated 31.12.2002, but since no response was received from respondent No.2, petitioner was compelled to approach this .
Court in the instant proceedings.
5. Having heard learned counsel for the parties, we see no impediment in accepting the prayer made by the petitioner.
Accordingly, respondents more particularly, respondent No.2 is directed to return the original Adoption Deed dated 31.12.2002, submitted by late Smt. Ram Kaur alias Ramku Devi wife of late Gnr. Bhola, resident of Village Majerwin, Tehsil Ghumarwin, District Bilaspur, Himachal Pradesh, to the petitioner within three weeks, after retaining a certified/attested copy thereof in the service record of late Gnr. Bhola.
6. With the aforesaid observations/directions, the present writ petition is disposed of alongwith pending miscellaneous applications, if any.
(Surya Kant) Chief Justice (Sandeep Sharma) Judge May 21, 2019 (Manjit/Shankar) ::: Downloaded on - 22/05/2019 21:57:16 :::HCHP