Lataben Jitendrabhai Patel vs The Officer In Charge
2021 Latest Caselaw 1211 Guj

         C/SCA/1157/2021                                             ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 1157 of 2021

==========================================================
                      LATABEN JITENDRABHAI PATEL
                                 Versus
                        THE OFFICER IN CHARGE
==========================================================
Appearance:
VATSAL R PATEL(9349) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                                 Date : 27/01/2021

                                  ORAL ORDER

             Heard              learned            advocate          for           the
petitioner.

The limited grievance in this petition which is filed under Article 226 of the Constitution of India is that though the petitioner has submitted an application to the respondent for correction of birth date in the birth certificate issued by the respondent as per the said application, till date, the said application has not been decided.

Learned advocate for the petitioner further submits that the respondent is empowered to correct the birth date after making necessary inquiry as contemplated under Section 15 of the

C/SCA/1157/2021 ORDER

Registration of Births and Deaths Act and Rule 11 of the Rules framed thereunder. Learned advocate for the petitioner has relied on the judgment in the case of Gitaben Keshavlal Patel V/s State of Gujarat, reported in 2009(3) GLH(UJ)1 and in the case of Sejalben Mukundbhai Patel V/s State of Gujarat reported in 2019(3) GLR 1866. It is submitted that the respondent-authority be directed to consider the documentary evidence produced by the petitioner as well as the aforesaid decisions and thereafter pass appropriate order in accordance with law.

Having heard learned advocate for the petitioner for the parties and having gone through the material placed on record, it has emerged that the limited grievance of the petitioner, at this stage, is that the application dated 29.10.2020 submitted by the petitioner, copy of which is placed on record at page 14 has not been decided by the respondent and therefore this petition is disposed off with a direction to the respondent no.2 to decide the said application in accordance with law after considering the documentary evidence produced by the petitioner and after making inquiry as contemplated under Section 15 of the Act of 1969 and the Rules made thereunder and keeping in view the aforesaid two decisions upon which the

C/SCA/1157/2021 ORDER

reliance is placed by the learned advocate for the petitioner. The said exercise shall be carried out within a period of six weeks from the date of receipt of this order. It is clarified that this Court has not examined the merits of the case of the petitioner. Direct service is permitted.

(VIPUL M. PANCHOLI, J) SRILATHA