DEVANTI DEVI Vs. I.G. OF POLICE

JUDGEMENT

(1.) THE present writ petition has been filed in the nature of certiorari calling for the records and to quash the orders dated 14.10.1999 and 11.6.1999.

(2.) THIS petition is being filed by late Smt. Devanti Devi alias Damyanti Pandey, wife of Sri Brij Bihari Pandey alongwith petitioner No. 2 -Sri Vijay Prakash Pandey (adopted son of deceased employee). Sri Brij Bihari Pandey in his life time has desired to adopt a son and in this regard he talked and convinced Sri Shashi Kant Pandey for adoption of his elder son Vijay Prakash Pandey (petitioner No. 2) and in this regard adoption ceremony was solemnized in the presence of Pandit and other members of the village which is known as "Datta Homam". For a valid adoption, the physical act of giving and taking is an essential requisite ceremony, imperative in all adoptions. And this requisite is satisfied in its essence on expression of consent or an executed deed of adoption.

(3.) THE said documents were prepared on 11.10.1997 and immediately thereafter Sri Brij Bihari Pandey, the father of petitioner No. 2 died on 12.12.1997. An application dated 13.1.1998 had been moved by Smt. Damyanti Pandey for registration of the said documents and the same was registered on 16.1.1998. She had also moved an application before the Civil Judge (Senior Division), Mau for succession certificate in favour of the petitioner No. 2 (her adopted son) and finally name of the petitioner Nos. 1 and 2 had been mutated in family register. After due verification and enquiry the District Magistrate, Mau has also issued succession certificate in favour of the petitioners.