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2010 DIGILAW 714 (ORI)

Ramesh Kumar Sahu v. State of Orissa

2010-10-26

I.MAHANTY, V.GOPALA GOWDA

body2010
ORDER 26.10.2010 — This writ petition in the nature of Public Interest Litigation has been filed by the petitioner for issuance of a direction upon the opposite parties for setting up Guidelines/Procedures for early hearing and disposal of Adoption Petitions pending before the competent Courts in the State of Orissa within a time frame as laid down by the Hon’ble Apex Court in the case of Laxmikant Pandey Vs. Union of India. 2. Having regard to the nature of prayer sought for in the writ petition, this matter can be disposed of at the admission stage and we feel it not necessary to issue notice to all the opposite parties and therefore, learned Government Advocate is directed to take notice on behalf of the opposite party No. 4. 3. We have heard learned counsel for the petitioner as well as learned Government Advocate. 4. Learned counsel for the petitioner submits that the Adoption Cases are pending in different Courts in the State for years together and the same are not being disposed of following the guidelines given by the Hon’ble Supreme Court from time to time in Laxmikant Pandey’s case, reported in AIR 1984 SC 469 , AIR 1986 SC 272 , AIR 1987 SC 232 , and recently on 29.04.2010 in Crl. Misc. Petition No. 19152 of 2009. 5. In view of the decision of the Hon’ble Supreme Court in the case of Laxmikant Pandey Vs. Union of India, AIR 1984 SC 469 , there no need for this Court to make any further observation in this matter and it would be suffice for us to give a direction to the Registrar General of this Court for issuance of necessary circular/instruction to the learned Judges of the competent Courts in the State who are dealing with the Adoption Cases to see that such cases pending in their Courts should be disposed of in the light of the observation/direction made by the Hon’ble Apex Court in Laxmikant Pandey (supra). 6. The Registrar General, while issuing the circular/instruction to the Courts below, shall also enclose a copy of the judgment in Laxmikant Pandey’s case, AIR 1984 SC 469 . With the aforesaid direction the writ petition is disposed of. Petition disposed of.