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2014 Supreme(HP) 786

RAJIV SHARMA, SURESHWAR THAKUR
Nain Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For Petitioner:Ms. Archna Dutt, Advocate.
For Respondents: Mr. Anup Rattan, Addl. A.G. and Mr. M.A. Khan, Addl. A.G. and Mr. Vivek S. Attri, Dy. A.G.

JUDGMENT

Rajiv Sharma, J.

1. On the oral application of Ms. Archna Dutt, learned Advocate, respondent No.3 is ordered to be substituted by the Sub Divisional Magistrate, Paonta Sahib and the Chief Registrar (Births and Deaths) and District Registrar (Births and Deaths), are ordered to be arrayed as respondents No. 5 and 6.

2. Petitioner found a newly born child outside Bhagyani Temple, Haripurdhar, District Hamirpur. He adopted the child. He got published the news in the gazette of Himachal Pradesh on 13.5.2006 for information of public at large that Master Naresh is his son. The petitioner also approached the Executive Magistrate, Shillai seeking direction to the concerned Gram Panchayat to enter name and date of birth of his son in the Panchayat record. The Executive Magistrate passed necessary orders on 11.7.2006. The Gram Panchayat, Shri Kyari, passed a resolution dated 4.1.2009. Petitioner also made representation before the SDO, Paonta Sahib on 6.4.2011. However, fact of the matter is that till date, name of petitioner’s son has not been registered in the Gram Panchayat Shri Kyari.

3. Respondent No.4-Gram Panchayat Shri Kyari filed a detailed reply. Respondent No.4 has sought











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