Mohit Jayantibhai Vasaniya vs State Of Gujarat
2021 Latest Caselaw 12801 Guj

    C/SCA/6000/2021                                ORDER DATED: 27/08/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 6000 of 2021

==========================================================
                      MOHIT JAYANTIBHAI VASANIYA
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
KRUPABEN S LIMBACHIYA(7851) for the Petitioner(s) No. 1
MR.CHIRAG B UPADHYAY(6735) for the Petitioner(s) No. 1
MR.ISHAN JOSHI, AGP (99) for the Respondent(s) No. 1
MS ROOPAL R PATEL(1360) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 27/08/2021

                              ORAL ORDER

1. Heard learned advocate Mr. Chirag Upadhyay on behalf of the petitioner, learned AGP Mr.Ishan Joshi on behalf of the respondent

- State and learned Advocate Mr. Roopal Patel for the respondent no.2.

2. By way of this petition, the petitioner challenges the decision of the respondent no.2 dated 19.03.2021 whereby request for changing the name and surname of the petitioner in the birth certificate of the petitioner has been rejected.

3. This Court in the case of Sejalben Mukundbhai Patel V/s. State Of Gujarat reported in AIR 2019 Gujarat 56 and Nitaben Nareshbhai Patel v. State of Gujarat reported in (2008) 1 GLH 556 has laid down the broad contours of exercise of jurisdiction by the authority under the Birth and Death Certificate as well as the rules thereunder.

C/SCA/6000/2021 ORDER DATED: 27/08/2021

4. In view of the same, this Court proposes to dispose of the present petition by directing the respondents to reconsider the matter having regard to the decisions and law laid down by this Court as above referred judgment.

5. In view of the same, following order is passed:

Order dated 19.03.2021 passed by the respondent no.2 is quashed and set aside. The applicant to make a fresh representation with regard to the grievance raised in the petition within a period of one week alongwith those two judgments in the case of Sejalben Mukundbhai Patel V/s. State Of Gujarat and Nitaben Nareshbhai Patel V/s. State of Gujarat and whereas the respondent authority to decide the application within a period of four weeks from the date of receipt of the said representation and communicate such decision to the petitioner thereafter.

6. With these observations and directions, the present petition stands disposed of as partly allowed.

7. Direct service is permitted.

(NIKHIL S. KARIEL,J) VARSHA DESAI