LAWS(J&K)-1994-5-9

DILEEP KUMAR Vs. STATE

Decided On May 09, 1994
DILEEP KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONER â„¢s claims to be an un -employed youth and a migrant from Kashmir Valley. He was so registered and ration card was issued to him. It appears that the respondents withheld the relief to him some time in April, 1993 and finally stopped it from September 1993. His grievance is that respondents have done so on the plea that he is not the adopted son of Som Nath, and that his adoption deed dose not fulfill the requirements of Law. He, accordingly, seeks a direction to them to release his ration card and relief.

(2.) IN their objections, respondents have taken the stand that petitionerâ„¢s ration card was canceled and his cash relief withheld, as they found that he was not the adopted son of Som Nath. According to them, the adoption deed produced by him does not meet the requirements of law, and thus is not a valid deed. It is also submitted that even if this deed is taken to be in order, it will operate only from the date of its execution i.e. 25.9.1993 and the petitioner will have to re -imburse the cash relief already drawn by him.

(3.) I have heard the learned counsel for the parties. It is apparent on the record that the respondents action is totally arbitrary. It is not their domain to question the validity of the adoption deed produced by the petitioner. They could do so only by a proper legal remedy, and it was certainly not for them to sit in judgment over the validity or otherwise of the deed. They had, as a corollary no right to stop relief to the petitioner.