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2007 Supreme(Pat) 1529

NAVANITI PRASAD SINGH
Kumar Sursen – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner Kumar Sursen, who was then a minor, has petitioned this Court for grant of caste certificate and residential certificate on basis that he was the adopted son of Kamal Prasad Roy and was residing with him at village-Madarpur in the district of Vaishali. This has been refused by the district authorities on the ground that the petitioner was in fact a Muslim boy named Sahadat and is the natural son of Majid Mian and Ayesha Khatoon of villageGadaisarai in the district of Vaishali. Petitioner asserts that he was taken in adoption by Kamal Prasad Roy. The said Kamal Prasad Roy does not dispute this fact and asserts by his actions and otherwise that he had in fact adopted the said Muslim boy at a very tender age and had been keeping him as his own son. He, accordingly, wanted this boy to have his caste and his residential certificates.

2. Counter-affidavit has been filed and rejoinder thereto has been filed wherein these basic facts are not in dispute. With the consent of parties, this application is being disposed of at the stage of admission itself.

3. Under Hindu Adoption and Maintenance Act, 1956, Sec. 6 thereof permits adoption by a Hindu of a Hindu child al

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