IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1594 of 2009 BALESHWAR RAI S/O LATE TEKA RAI, R/O VILL.- RAMPUR SHYAMCHAND, P.S.- RAGHOPUR, DISTT.- VAISHALI. …PETITIONER-APPELLANT. VERSUS 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI-01. 2. THE GENERAL MANAGER, EAST CENTRAL RAILWAYS, HAJIPUR, VAISHALI. 3. THE DIVISIONAL RAILWAY MANAGER, EAST CENTRAL RAILWAY, DANAPUR DIVISION, DANAPUR, PATNA. 4. THE RAILWAY SUPERINTENDENT (COMMERCIAL), PATNA JUNCTION, PATNA 5. THE CATERING INSPECTOR, GRADE-I, VENDING AND STALL, PATNA JUNCTION, IRCTC, PATNA. 6. THE REGIONAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION, 4TH FLOOR, BISCOMAN BHAWAN, PATNA. …..Respondents-Respondents. For the appellant : M/s Vijay Kumar & Kapildeo Singh No.1, Advocates. For the respondents : Mr. Mahesh Prasad, Advocate. ----------- 02. 08.03.2010 I.A.no.1649 of 2010 This is an application for impleadment of the legal heirs of Late Baleshwar Rai, who was the writ petitioner in CWJC No.14356 of 2008. The writ petitioner had prayed for regularisation on the post of commission vendor. The same was declined by the railway administration on the ground that he had not - 2 - correctly stated about the name of his father as per the matriculation certificate inasmuch as the matriculation certificate showed his father’s name as Shyam Bihari Rai, whereas the appellant-writ petitioner declared himself to be the son of Teka Rai which ensued in his appointment. An affidavit was filed for bolstering the stand that he was the adopted son of Teka Rai. The learned Single Judge, as is manifest from the order impugned, declined to give any kind of credence to the document as that is not the mode of adoption under the Hindu Adoption and Maintenance Act, 1956. In view of the aforesaid, without entering into the debate whether the application for impleadment of the legal heir of the deceased-writ petitioner can be entertained, we are inclined to reject the application on merit itself as the original writ petitioner would not have in a position to succeed in the appeal. In the result, the appeal stands dismissed in limine. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)