Shraddha Prafulbhai Chovatiya vs State Of Gujarat on 18 March, 2019

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Gujarat High Court

Shraddha Prafulbhai Chovatiya vs State Of Gujarat on 18 March, 2019

Bench: A.Y. Kogje

        C/SCA/10394/2017                                      ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 10394 of 2017
===========================================================
              SHRADDHA PRAFULBHAI CHOVATIYA
                            Versus
                 STATE OF GUJARAT & 1 other(s)
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Appearance:
MR NIKUNJ D BALAR(2763) for the Petitioner(s) No. 1
MR DHAWAN JAYSWAL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
================================================================
 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 the 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 '5.11.1992' whereas the real date of birth of the petitioner is '5.3.1992'. Learned Advocate for the petitioner states that the other documents pertaining to her name and date of birth like School Leaving Certificate, Election Card, and Aadhar Card also reflects the date of birth of the petitioner as '05.03.1992'.

3. To remove this discrepancy, the petitioner had made an application to respondent No.2. However till date, no decision is taken on such an application.

Page 1 of 2 C/SCA/10394/2017 ORDER

4. I have considered the submissions advanced and perused the records of the case. Considering the judgment of this Court reported in 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 and 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.2 to consider the application of the petitioner for rectifying the mistake and correcting the date of birth 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.2 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

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