Gujarat High Court
Patel Jagrutiben Kalpeshbhai vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
C/SCA/4675/2026 ORDER DATED: 04/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4675 of 2026
==========================================
PATEL JAGRUTIBEN KALPESHBHAI
Versus
STATE OF GUJARAT & ANR.
==========================================
Appearance:
MR YH VYAS(1001) for the Petitioner(s) No. 1
MR ANGESH PANCHAL AGP for the Respondent(s) No. 1
MR KUSHAL DESAI for the Respondent(s) No. 2
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 04/05/2026
ORAL ORDER
1. RULE. Learned counsel waives service of notice of rule on behalf of the respective respondents.
2. With the consent of learned counsel for the respective parties, the present petition is taken up for hearing and disposal.
3. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of the Birth and Death Registration Act and under the Registration of Birth and Death Act seeking the following reliefs:-
(A) This Hon'ble Court may be pleased to issue writ of mandamus or in the nature of mandamus or any other appropriate writ order or direction, directing the respondent No.2 to grant the application dated Page 1 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon May 04 2026 Downloaded on : Tue May 05 03:20:31 IST 2026 NEUTRAL CITATION C/SCA/4675/2026 ORDER DATED: 04/05/2026 undefined 05.02.2026 and dated 09.03.2026 in favour of the petitioner and to issue fresh birth certificate to the petitioner.
(B) Pending admission, hearing and final disposal of this Special Civil Application, this Hon'ble Court may be pleased to direct the respondent No.2 to grant the application dated 05.02.2026 and dated 09.03.2026 in favour of the petitioner and to issue fresh birth certificate to the petitioner.
(C) Ex-parte ad-interim relief in terms of prayer (B) above may kindly be granted.
(D) This Hon'ble Court be pleased to pass such other and further order/s as deemed fit, just and proper by this Hon'ble Court.
4. Mr.Desai, learned counsel has submitted that he appeared on behalf of respondent No.2 on advance copy and further submitted that he tendered a copy of the communication dated 24.03.2026 whereby respondent No.2 has sought necessary information from the Record Keeper, Record Department, Ahmedabad Municipal Corporation with regard to birth certificate since it was of the year 1974, so respondent No.2 is unable to have necessary details and information with regard to the birth date record. He has submitted that in response thereto, respondent No.2 addressed a communication dated 13.04.2026 in favour of the petitioner that in view of the necessary information received by respondent No.2 let the petitioner may approach nearby civic centre and apply for the copy thereof.
7. Having heard learned counsel for the respective parties and considered the facts and circumstances of the case and the Page 2 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon May 04 2026 Downloaded on : Tue May 05 03:20:31 IST 2026 NEUTRAL CITATION C/SCA/4675/2026 ORDER DATED: 04/05/2026 undefined submissions made on behalf of both the sides and the averments made in the petition, this Court is of the opinion that the present petition deserves to be disposed of directing the respondent - authority to decide the representation made by the petitioner.
8. In view of the above, the petition is allowed in part. The petitioner may approach the nearby civic centre for getting correct birth certificate along with the details as provided by the Record Keeper. Rule is made absolute to the aforesaid extent. Direct service is permitted. It is open for the petitioner, in case of any difficulty, she may file fresh petition in accordance with law.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon May 04 2026 Downloaded on : Tue May 05 03:20:31 IST 2026