BIRANCHI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this application under Articles 226/227 of the Constitution of India, the petitioners have prayed for quashing the notices under Annexure -9 and 12 and proceeding initiated pursuant thereto. Further prayer of the petitioners is to quash the appointments of the Chairperson and Members of the Child Welfare Committee, Khurda District. The said Committee is constituted by the Government under the provisions of Section 29(4)(i) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act).

(2.) PETITIONER No.2 Budhia Singh, who is stated to be aged about 4 years, is the natural son of his widow mother. Petitioner No.1 being Biranchi Das is a Judo Coach. It is stated in the writ application that petitioner No.2 from his childhood days showed the symptoms that he is a great runner and even at this tender age he can run marathon distance without any break whatsoever. But, he hails from a poor family being looked after by her widow mother. Realizing the talent found in said Budhia Singh (petitioner No.2) Biranchi Das (petitioner No.1) thought it fit to train and groom Budhia Singh for long distance runs. For this reason, petitioner No.1 persuaded the widow mother of petitioner No.2 to execute a deed of adoption in favour of petitioner No.1 and accordingly the other of petitioner No.2 executed the deed of adoption under Annexure -2 giving petitioner No.2 in adoption to petitioner No.1.

(3.) BY summons dated 27.12.2005 under Annexure -9 opposite party No.2 required petitioner No.1 to appear before the Child Welfare Committee, Khurda District in person along with petitioner No.2. The said summons is quoted hereunder :