Dharmin Manjibhai Raiyani vs Talati Cum Mantri Nesdi Gram Panchayat on 18 March, 2019

[Cites 4, Cited by 0]

Gujarat High Court

Dharmin Manjibhai Raiyani vs Talati Cum Mantri Nesdi Gram Panchayat on 18 March, 2019

Bench: A.Y. Kogje

        C/SCA/5330/2019                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 5330 of 2019

================================================================
                   DHARMIN MANJIBHAI RAIYANI
                            Versus
           TALATI CUM MANTRI NESDI GRAM PANCHAYAT
================================================================
Appearance:
MR. RISHIN R PATEL(7222) for the Petitioner(s) No. 1
MR DHAWAN JAYSWAL, ASSISTANT GOVERNMENT PLEADER for the
Respondent (s) No.2
for the Respondent(s) No. 1
================================================================

 CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

                            Date : 18/03/2019

                              ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioner for mentioning the correct name of the petitioner.

2. It is the case of the petitioner that the Birth Certificate reflects the name of the petitioner as 'Nitinkumar' whereas the real name of the petitioner is 'Dharmin'. Learned Advocate for the petitioner states that the other documents pertaining to his name and date of birth like School Leaving Certificate, PAN Card, Aadhar Card and Driving License also reflects the name of the petitioner as 'Dharmin'.

Page 1 of 2 C/SCA/5330/2019 ORDER

3. To remove this discrepancy, the petitioner had made an application to respondent No.1. However till date, no decision is taken on such an application.

4. In identical facts situation this Court in the judgment in the case of Nitaben Nareshbhai Patel v. State of Gujarat reported in 2008 (1) GLR 884 and an unreported judgment in the case of Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri in Special Civil Application No.9564/2018 dated 07.01.2019 has issued directions. Considering the ratio of the aforesaid two judgments, it is clear that the Registering Authority is within its power under Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004.

5. In view of the aforesaid legal position, it would be appropriate to direct the respondent No.1 to consider the application of the petitioner for rectifying the mistake and correcting the name of the petitioner as mentioned in this petition.

6. In view of the nature of directions issued, it would not be necessary to call upon the respondent No.1 to call upon to respond.

7. With the aforesaid direction, this petition stands disposed of. Direct Service is permitted.

Sd/-

(A.Y. KOGJE, J) CAROLINE Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court