Hansaben Yogeshkumar Pandya vs State Of Gujarat
2021 Latest Caselaw 12616 Guj

       C/SCA/5707/2020                                 ORDER DATED: 26/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 5707 of 2020

==========================================================
                         HANSABEN YOGESHKUMAR PANDYA
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR SHIVANG M SHAH(5916) for the Petitioner(s) No. 1
MS SONIA S SHAH(10150) for the Petitioner(s) No. 1
. for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 26/08/2021

                                 ORAL ORDER

Heard learned Advocate Mr. Shivang Shah on behalf of the petitioner and learned Assistant Government Pleader Ms. Nidhi Vyas on behalf of the respondent no.1

2. Though served none appears for respondent no.2. Learned Advocate for the petitioner raises a grievance by way of this petition that the name of mother of the petitioner as mentioned in the birth certificate of daughter of the petitioner as well as the name of grand father of the petitioner, may be corrected. It is submitted that an appropriate application have been given to respondent no.2 and whereas vide communication dated 10.1.2020 the same has been rejected.

3. Learned Advocate places reliance in the decision of this Court in the case of Nitaben Nareshbhai Patel Vs. State of Gujarat reported in 2008 (1) GLR 884 and another judgment in the case of Sejalben Mukulbhai Patel W/o. Khodabhai Joitaram Patel Vs. State of Gujarat and Another reported in AIR 2019 Gujarat 56, and has submitted that

C/SCA/5707/2020 ORDER DATED: 26/08/2021

considering the ratio of the aforesaid decision it is clear that the Registrar has authority under Section 15 of the Birth and Death Registration Act, 1969 and Gujarat Registration of Births and Deaths Rules, 2004 to correct any error in the birth certificate.

3. Having regard to the same, respondent no.2 is directed to consider the case of the petitioner as per the ratio laid down in the judgements as referred to hereinabove for correction in the date of birth certificate of daughter of the applicant Ms. Birva issued by the respondent no.2 on 26.12.2019. In view of the same, the following order is passed.

"The petitioner is directed to file a fresh representation for the said purpose along with the copies of the judgment of orders of this Court referred hereinabove within a period of one week, upon such representation being received by the respondent no.2 the same shall be decided in accordance with the ratio laid down by this Court in the judgements Nitaben Nareshbhai Patel (supra) and Sejalben Mukulbhai Patel (supra) within a period of 6 weeks from the date of receipt of the representation sent by the petitioner."

5. With this observations and directions, this petition is disposed of as partly allowed.

6. Direct service is permitted.

(NIKHIL S. KARIEL,J) MARY VADAKKAN