IMPORTANT POINT
When adoption is there, it is valid for all intents and purposes.

Chander Bhusan Barowalia, J.—The present writ petition is maintained by the petitioner under Article 226 of the Constitution of India for issuing following directions:—

“(i) That a writ petition in the nature of certiorari may very kindly be issued and the decision of the respondents, in compliance to the direction of this Hon’ble Court in CWP No. 6503 of 2013 and in COPC No. 4299 of 2013, vide annexure P-8 may very kindly be quashed and set aside.

(ii) That writ in the nature of mandamus may very kindly be issued, directing the respondents to enter the name of Master Sagar Sharma on the Parivar Register of late Sh. Deep Ram Sharma and late Smt. Phulma Devi, and also on the Panchayat records of the Thadi Panchayat.”

2. Briefly stating facts, as per the petitioner, giving rise to the present petition are that late Sh. Deep Ram Sharma and late Smt. Phulma Devi, both residents of village Bathoon, Pargana Khushalla Panchayat Thadi, P.O. Shoghi, Tehsil & District Shimla, H.P., adopted master Sagar Sharma, vide Adoption Deed (Annexure P-2), duly prepared, signed by late Sh. Deep Ram Sharma and by putting left thumb impression of late Smt. Phulma Devi, the same was also signed by the biological parents namely Sh. Rajesh Kumar Sharma and Smt. Sonia Sharma in presence of two witnesses and sub Registrar, Shimla (Rural), vide Deed No. 294/2002. However, the representations, for correction of the revenue record were made by the petitioner before the President Gram Panchayat Thadi, SDM (Rural) and Deputy Commissioner, but the same was not done, thus the petitioner preferred a civil writ petition No. 6503 of 2013 before this Court and the same was disposed of on 09.09.2013, directing the respondents No. 1 & 2 to decide the representation of the petitioner within two months. Even after the lapse of two months, the judgment/order dated 09.09.2013 was not complied with by the respondents, so the petitioner filed a contempt petition, i.e. COPC No. 4299 of 2013 and the same was disposed of on 03.12.2013, directing the respondents to comply with the earlier judgment/order dated 09.09.2013, passed in CWP No. 6503 of 2013, within a period of four weeks. Pursuant to the directions of this Court, the representations of the petitioner was listed before the learned Principal Secretary, Panchayati Raj to the Government of Himachal Pradesh, Shimla-2 and the same was rejected/dismissed vide order dated 27.12.2013, mentioning therein that the name of master Sagar Sharma cannot be entered in the Parivar Register of late Sh. Deep Ram Sharma and late Smt. Phulma Devi, as it was in contrary to the provisions of H.P. Panchayati Raj (General) Rules 1997 “Rule 21” India. It was also mentioned in the order that the Gram Sabha refuses to enter the name of master Sagar Sharma on Panchayat records and Parivar Register, as there is already a Will regarding the said property, in the name of Sh. Heera Nand, S/o Sewakia, R/o Village Bauthian, Tehsil & District Shimla, H.P., copy of revenue record is annexed herewith as Annexure P-6. The petitioner further prays that the Adoption Deed was duly prepared in accordance with the provisions of the Hindu Adoption and Maintenance Act, 1956, therefore master Sagar Sharma, being a legal heir, has a right to got registered in the Parivar Register also in the Panchayat records of late Sh. Deep Ram Sharma and Smt. Phulma Devi. Hence the present writ petition.

3. Respondents No. 1 & 2 by way of filing reply to the writ petition specifically averred therein that in compliance to the orders of this Court, the representation of the petitioner was decided on 27.12.2013, wherein detailed order regarding each and every aspect, which was within the jurisdiction of respondent No. 1 was passed. Hence the present writ petition is nothing but, reiteration of the same facts. On merits, respondents averred that the adoption was made on 16.12.2002, the adoptive parents of master Sagar Sharma, i.e, Deep Ram Sharma, expired on 08.03.2005 a