'^^ PETITIONBR: Non -applicant HIGH COURT OF CHHATFISGARH AT BILASPUR WRIT PETITION (227) No. 3846 Qf 2010 Rajesh Kuinar Yadav S/o Laxrai Narayaa Yadav, aged about 29 years, R/o Belgalina, P.S. aad TehsiL Kota, Distdct Bilaspur. RESPONDENTS AppUcaat Versias 1. 2, Smt, Anita Yadav W/o Rajesh Kumar Yadav, D/o Budhu Prasad Yadav, aged about 22 years, R/o Belgatina, P.S. aiid Tehsil Kota, Distdct Bilaspur (CG). Sidhartli Yadav S/o miaor under tlie guardiaii of Anita Yadav w/o Rajesh Kumar Yadav, aged about 2 years (Mother Aiiita Yadav), R/o Belgaltna, P.S. aiid TehsU Kota, District Bilaspur (CG). At present botihi are residiag at ViUage Borsai'a, TehsU aad P.S, Jaajgir, Distdct Jaajgir Champa (CG). WRST PETITIOH UKDER ARTICLE 227 OF THE CONSTETUTEON OF INDIA. (SB sHon'ble Mr. T.P.Sharma, J.) Present:- Shri Ravi Ranjan Sinha, Advocate for the petitioner. ORAL- ORDBR (Passedon 27/07/2010) 1. Heai-d. 2, Order impugned dated 16/4/2010 passed by Judge, FamUy Court, Jaajgii', Distiict Jaiijgir Chainpa iii case No. 106/09 whereby application filed on behalf of ftie petitioner for pei-mission to conduct DNA test of respondent No, 2 for decidiag patei-nity has been disiiiissed perused. 3, Leained couusel for fhe petitioner submits tliat even respondent No, 1 is ready for conductiiig such DNA test conditionally fherefore, Court below has comniitted aii lllegality by refusiiig such test. The age of respoudent %^'-^' ^ ^S) -^—. 4. No. 2 is 2 yeai's. Reply of respondent No, 1 also on behalf of tlie respondent No. 2 reveals that respondent No. 1 is ready for conducting of such DNA test conditionally, in fhese circunistaaces Court below was requtred to cousider tiie reply of respondents at fhe time of passiag such order, Consequentiy, petition is allowed aad order impugned is hereby set aside. Leai-ned Judge, Faoiily Court/Jaiijgir Distdct Jaajgii'Chanipa is directed to consider ttie reply of respondents and ui case of aaibiguity iii reply respondents shall submit zuiambiguous reply of tiie applicatiou filed on behalf of the petitioner and ia case of their agreement with or without condition fhe Court niay pass the order afresh relating to such test of tiie respondent No. 2<3f conditions or beiag put by respondents then before passnig aiiy order tiie Court below shall ensure to futfiU such condition incliidiag deposit of araount of coiapensatioii which niay awa^dable to tlie respoadents. No order as to costs. , 5, Ceitified copy as per niles, Sd/- T.P. Sharma Judge ^