MANI KUMAR GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS Writ Petition is directed against the impugned order of the District Collector, East District of Sikkim, dated 23 -07 -2013 in Misc. Case No. 28/DM/E of 2011 by which the Certificates of Identification (in short the "COI") bearing Sl. Nos. 2928/DCE dated 27 -04 -1989 and 2927/DCE dated 27 -04 -1989 issued to Mani Kumar Gurung and Mahendra Gurung, Petitioners No. 1 and 2 respectively, were declared invalid and stood cancelled.

(2.) THE primary grounds of challenge against the impugned order are that the principle of natural justice had not been complied with by the District Collector while issuing the impugned order in as much as several representations submitted by the Petitioners had not been considered and opportunity of personal hearing not granted despite their prayers made to that effect. It is next contended that one of the grounds for rejections being the want of registration of the adoption deed by which the Petitioners were adopted by Shri Man Bahadur Gurung, was erroneous in law in as much as the requirement of registration of deeds of adoption prescribed under the law of registration prevailing in the State of Sikkim, i.e., the Sikkim State Registration of Document Rules, 1930, was not mandatory but merely obligatory. It was then contended that even if the order of rejection of the deed of adoption, on the basis of which the questioned COI were issued, was held to be valid, it amounted to prohibition of the right of a person to adopt a child if he felt the need to do so for want of an issue. That the guideline for issuance of COI prescribed under Notification No. 66/Home/95 dated 22 -11 -1995 would leave an aggrieved person without any remedy in the event of the Petitioners being held to be ineligible thereunder.