Dismissed¶¶19

Nilam Devi v. the State of Jharkhand

Jharkhand HC5 Sept 2024WPC/4904/2024

Case brief

AI extract

What is this about?

W.P.(S) No. 4904 of 2024; High Court of Jharkhand at Ranchi; Deepak Roshan, J.; decided 04/05.09.2024. Writ petition by Nilam Devi against Commandant, JAP-2, Tatisilway, Ranchi Memo no. 802 dated 30.03.2022 rejecting application for appointment of her adopted son Praveen/Pravin Kumar Tiwari. Dismissed as withdrawn with liberty to seek declaration under the Hindu Adoption and Maintenance Act before the competent District Court; State counsel (Devesh Krishna) raised no objection. No case law cited; no statutory section number specified; no quantum involved.

What did the court decide?

Writ application dismissed as withdrawn, with liberty to approach the competent District Court to file a suit for declaration under the Hindu Adoption and Maintenance Act declaring Pravin Kumar Tiwari as the petitioner's son. ¶¶19

Nilam Devi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 4904 of 2024

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Nilam Devi, aged about 56 years, W/O- Late Narendra Chouby, R/O-Village-Parorhan, Bettiah, P.O. & P.S-Bettiah, District-West Champaran, Bihar

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At present C/O Shankar Singh, Village-Jagdeo Nagar, Dipatoli, Near Dolphin House, P.O.-Bariyatu, P.S-Bariyatu, DistrictRanchi, Jharkhand ....Petitioner

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Versus

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The State of Jharkhand

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The Director General of Police, Jharkhand Police Headquarters, Dhurwa, P.O. & P.S.-Dhurwa, Ranchi

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The Additional Director General of Police, Engineers Bhawan, Kusai, P.O. & P.S.-Doranda, Ranchi

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The Inspector General of Police, Forest Officers Colony, P.O. & P.S.-Doranda, Rnchi

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The Deputy Inspector General of Police, SCR, Office, Forest Officers Colony, P.O. & P.S.-Doranda, Ranchi

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The Commandant, JAP-2, Tatisilway, Ranchi, P.O. & P.S.Tatisilway, District-Ranchi

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....Respondents

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Vijayant Verma, , Advocate For the State : Mr. Devesh Krishna, S.C(Mines)-III

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04/05.09.2024 The instant writ petition has been filed by the petitioner praying therein for quashing and setting aside the letter of intimation being Memo no. 802 dated 30.03.2022 issued by the Commandant, JAP-2, Tatisilway, Ranchi, by which the application of the petitioner for appointment of her adopted son namely Praveen Kumar Tiwari, has been rejected by the Commandant JAP-2 Tatisilway.

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2. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ application with a liberty to approach the competent District Court in order to file a suit for declaration under Hindu Adoption and Maintenance Act for declaring

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Pravin Kumar Tiwari as her son.

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3. Learned counsel for the Respondents does not have any objection.

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4. Accordingly, the instant writ application is dismissed as withdrawn with the liberty, as prayed for.

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( Deepak Roshan, J.)

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