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Judgment
Petitioner's claims to be an unemployed youth and a migrant from Kashmir Valley. He was so registered and ration card was issued to him. It
appears that the respondents withheld the relief to Mm some time in April, 1993 and finally stopped it from September 1993. His grievance is that respondents have done so on the plea that he is not the adopted son of Som Nath, and that his adoption deed dose not fulfill the requirements of
Law. He, accordingly, seeks a direction to them to release his ration card and relief.
In their objections, respondents have taken the stand that petitioner's ration card was canceled and his cash relief withheld, as they found that he
was not the adopted son of Som Nath. According to them, the adoption deed produced by him does not meet the requirements of law, and thus is not a valid deed. It is also submitted that even if this deed is taken to be in order, it will operate only from the date of its execution i.e. 25.9.1993
and the petitioner will have to reimburse the cash relief already drawn by him.
I have heard the learned counsel for the parties. It is apparent on the record that the respondents action is totally arbitrary. It is not their domain
to question the validity of the adoption deed produced by the petitioner. They could do so only by a proper legal remedy, and it was certainly not for them to sit in judgment over the validity or otherwise of the deed. They had, as a corollary no right to stop relief to the petitioner.
As regards the operation of the deed, it cannot be denied that it would take effect from the date of its execution. But should respondents
propose to take any action on this basis to recover the cash relief already drawn by the petitioner, they should have done so by taking steps in accordance with law and should not have used this as a counter balance, to withhold relief to him.
In the premises, action taken by the respondents being arbitrary and illegal is quashed, and they are directed to issue ration card to the petitioner
and release his cash relief etc. forthwith. They shall, however, be at liberty to conduct any enquiry ihey deem fit, to find out if the petitioner is a genuine migrant and whether he is entitled to the relief.
This petition is, accordingly, disposed of.