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2006 Supreme(P&H) 959

HARJIT SINGH BEDI, AJAY K.MITTAL
Satinder Pal Singh Sibia – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. Amit Mehta, Advocate.
For the Respondents: Ms. Daya Chaudhary, Assistant Solicitor General of India.

JUDGMENT

H.S. BEDI, J. (ORAL)

1. The petitioner now aged 20 years, was adopted by Kulwant Singh Sibia and Sharandeep Kaur Sibia according to custom of the parties on 25.2.1998 by way of adoption deed dated 3.3.1998, Annexure P- 4, which was executed before a Notary Public. Subsequently, another adoption deed with respect to the same parties dated 22.6.2001, Annexure P-5, was executed and registered with the Sub Registrar, Jagraon. As the adoptive parents of the petitioner were working in the USA, he wished to join them and accordingly applied for issuance of a passport to the Regional Passport Officer on 30.3.2001. In spite of having enquired from the Passport Officer repeatedly as to the fate of his application, no fruitful result came about and he was ultimately informed vide order dated 21.7.2004, Annexure P-8, that his case had been examined but as the adoption was not in order as it was registered after the adoptive child had attained the age of 15 years he was not entitled to a passport under his adoptive parents. He was accordingly advised to apply afresh for a passport under natural parentage. The order, Annexure P-8, has been impugned in the present writ petition.

2. In th




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