Gujarat High Court
Patel Samirkumar Natvarlal vs State Of Gujarat on 27 March, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/19523/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19523 of 2018
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PATEL SAMIRKUMAR NATVARLAL
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
PRABHA M S J PRASAD(8453) for the Petitioner(s) No. 1
SUDHANSHU A JHA(8345) for the Petitioner(s) No. 1
MS NIYATI K SHAH(2935) for the Respondent(s) No. 2
MR MEET M THAKKAR, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 27/03/2019
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 date of birth of the petitioner.
2. It is the case of the petitioner that the Birth Certificate reflects the date of birth of the petitioner as '26.01.1974' whereas the correct date of birth of the petitioner is '26.02.1974'. Learned Advocate for the petitioner states that the other government documents like School Leaving Certificate, PAN Card, Marriage Certificate and Aadhar Card also reflects the date of birth of the petitioner as '26.02.1974'.
3. To remove this discrepancy, the petitioner had made an application Page 1 of 3 C/SCA/19523/2018 ORDER to respondent No.2. However it is submitted that the respondent No.2 declined to rectify the mistake and the impugned order as produced at Annexure 'A' to the petition has been passed.
4. To further substantiate his arguments, learned Advocate for the petitioner has relied upon the decision of this Court in the case of Patel Jinal Jagdishbhai v. The Sub-Registrar in Special Civil Application No.20493/2018 dated 27.02.2009, wherein this Court has extensively referred to the decision of this Court in Special Civil Application No.19054/2018 dated 16.01.2019 (Sejalben Mukulbhai Patel W/o. Khodabhai Joitaram Patel v. State of Gujarat and Another). The Court thereafter, in the order dated 27.02.2009 directed the authorities concerned to consider the request of the petitioner keeping in view the provisions of the Registration of Births and Deaths Act, 1969 (Act of 18 of 1969) and pass appropriate orders in accordance with law.
5. 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.
Page 2 of 3 C/SCA/19523/2018 ORDER
6. In view of the aforesaid legal position, it would be appropriate to direct the respondent No.2 to re-consider the application of the petitioner for rectifying the mistake and correcting the date of birth of the petitioner as mentioned in this petition.
7. In view of the nature of directions issued, it would not be necessary to call upon the respondent No.2 to call upon to respond.
8. With the aforesaid direction, this petition stands disposed of. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J) CAROLINE Page 3 of 3