Mahesh Chandra Tripathi, J. - (1.) THE present writ petition has been filed in the nature of certiorari calling for the records and to quash the orders dated 14.10.1999 and 11.6.1999. The counter -affidavit and rejoinder -affidavit have been exchanged between the parties.
(2.) THE case of the petitioner No. 2 is that he is adopted son of late Brij Bihari Pandey, who was working as Constable in Civil Police and died on 12.12.1997. This petition is being filed by late Smt. Devanti Devi alias Damyanti Pandey, wife of Sri Brij Bihari Pandey alongwith petitioner No. 2 -Sri Vijay Prakash Pandey (adopted son of deceased employee). Sri Brij Bihari Pandey in his life time has desired to adopt a son and in this regard he talked and convinced Sri Shashi Kant Pandey for adoption of his elder son Vijay Prakash Pandey (petitioner No. 2) and in this regard adoption ceremony was solemnized in the presence of Pandit and other members of the village which is known as "Datta Homam". For a valid adoption, the physical act of giving and taking is an essential requisite ceremony, imperative in all adoptions. And this requisite is satisfied in its essence on expression of consent or an executed deed of adoption.
(3.) THE said documents regarding adoption has been brought on the record as Annexure 1 to the present writ petition.;