Gujarat High Court
Archana W/O Bhargav D/O Girishkumar ... vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
C/SCA/3326/2026 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3326 of 2026
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ARCHANA W/O BHARGAV D/O GIRISHKUMAR PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHAVESH J PATEL(6801) for the Petitioner(s) No. 1
ANGESH PANCHAL AGP for the Respondent(s) No. 1
KUSHAL A DESAI(9435) for the Respondent(s) No. 2
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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) Your Lordships be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned act of the respondent No.2 for denial to issue fresh Birth Certificate with corrected date as being unjust, improper, Page 1 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon May 04 2026 Downloaded on : Tue May 05 03:20:22 IST 2026 NEUTRAL CITATION C/SCA/3326/2026 ORDER DATED: 04/05/2026 undefined arbitrary, contrary to provisions of law and against the settled legal principles.
(B) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents more particularly respondent No.2 to amend and / or correct the birth date of petitioner as 28/3/1989 instead of 28/03/1990 in the birth certificate, as per other documents to this petition.
(C) To pass such other and further orders necessary in the interest of justice.
4. Heard Mr.Patel, learned counsel for the petitioner, Mr.Panchal, learned Assistant Government Pleader for respondent No.1 and Mr.Desai, learned counsel for respondent No.2.
5. Mr.Patel, learned counsel for the petitioner has submitted that the petitioner was born on 28.03.1989 and at the time of registration of the date of birth, the date of birth was correctly recorded as 28.03.1989, however, on merger of Ognaj Village into the Ahmedabad Municipal Corporation and during the process of transfer and computerization of records, due to administrative error on the part of respondent authority, the date of birth of the petitioner was entered as 28.03.1990 instead of 28.03.1989 and for correcting the birth date, the petitioner has submitted an application along with relevant documents wherein the date of birth was mentioned as 28.03.1989 and, therefore, it is required to be corrected in the birth certificate issued by respondent No.2. He has submitted that the petition be allowed and the respondent - authority be directed to decide the representation and to correct the birth date and issue fresh certificate to the petitioner.
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6. Mr.Desai, learned counsel for respondent No.2 and Mr.Panchal, learned Assistant Government Pleader for respondent No.1 have opposed the petition and submitted that the Court may pass appropriate orders.
7. Considering the facts and circumstances of the case and the 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 respondent - authority is directed to decide the representation dated 09.01.2026 made by the petitioner in accordance with law within a period of three months from the date of receipt of the copy of this order after giving an opportunity of hearing to the petitioner. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(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 03:20:22 IST 2026