Bhavinkumar Chimanlal Mistry vs State Of Gujarat on 15 June, 2023

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Gujarat High Court

Bhavinkumar Chimanlal Mistry vs State Of Gujarat on 15 June, 2023

Bench: Vaibhavi D. Nanavati

     C/SCA/15414/2022                              ORDER DATED: 15/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 15414 of 2022

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                        BHAVINKUMAR CHIMANLAL MISTRY
                                    Versus
                              STATE OF GUJARAT
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Appearance:
DHRUVIK K PATEL(7769) for the Petitioner(s) No. 1,2
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 2
MR AYAAN PATEL, AGP for the Respondent(s) No. 1,4
NOTICE UNSERVED for the Respondent(s) No. 3
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                               Date : 15/06/2023

                                ORAL ORDER

1. With the consent of the learned advocates appearing for the respective parties, the captioned writ-application is taken up for final hearing.

2. Issue Rule, returnable forthwith. Mr. Ayaan Patel, the learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent-State.

3. By way of this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

"(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus and/or any other appropriate writ, order or Page 1 of 4 Downloaded on : Thu Jun 22 20:31:38 IST 2023 C/SCA/15414/2022 ORDER DATED: 15/06/2023 direction in the nature of mandamus and further be pleased to quash and set aside order dated 14.02.2022 Passed by the learned Registrar Health Birth & Death Department (Annexure A) to the present petition;

(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus directing respondent no.

2 allow the application dated 21.10.2021 and further be pleased to direct the respondent no.2 to change the name from "Aaradhya" to ATHARAV" in the record of respondent no.2 and also be pleased to issue new birth certificate with the changed name;

4. Heard Mr. Dhruvik K. Patel, the learned advocate appearing for the petitioners, Mr. Ayaan Patel, the learned AGP appearing for the respondent No.1 - State and Mr. Rituraj Meena, the learned advocate appearing for the respondent No.2.

5. Undisputed facts leading to the filing of the present petition read thus :-

5.1 The petitioners herein applied for change in the name of son of the petitioners in the birth certificate from "Aaradhya"

Page 2 of 4 Downloaded on : Thu Jun 22 20:31:38 IST 2023

C/SCA/15414/2022 ORDER DATED: 15/06/2023 to ATHARAV" by application dated 19.5.2015 before the respondent No.4. The respondent No.4 duly granted the said birth certificate changing the name as prayed for from "Aaradhya" to ATHARAV". The said certificate is duly produced on record which is dated 11.6.2015 at Annexure-A. 5.2 The boundary of the Bopal Nagarpalika came to be extended to Ahmedabad Municipal Corporation. In view of the aforesaid, the birth certificate of the son of the petitioners again reflected "Aaradhya" instead of ATHARAV".

5.3 The petitioners herein preferred an application to the respondent No.2 authority submitting that Bopal Nagarpalika had made requisite changes in the birth certificate in name of son of the petitioners from "Aaradhya" to ATHARAV", however the same was not acceded to by the respondent authority on the ground that the application dated 19.5.2015 is not reflected in the record and, therefore, declined to make changes as applied for by the petitioners herein.

6. The authenticity of the certificate which is issued by the Bopal Nagarpalika is not disputed by Mr. Meena, the learned advocate appearing for the respondent No.2. This Court has considered the documents produced on record and the certificate duly issued by Bopal Nagarpalika dated 11.6.2015. When the said certificate is authentic and uncontroverted, the Page 3 of 4 Downloaded on : Thu Jun 22 20:31:38 IST 2023 C/SCA/15414/2022 ORDER DATED: 15/06/2023 respondent No.2 authority is directed to make appropriate change in the birth certificate of the petitioners' son from "Aaradhya" to ATHARAV" taking into consideration the certificate which was issued by the Bopal Nagarpalika dated 11.6.2015. The aforesaid exercise be undertaken in accordance with law within a period of eight weeks from the date of receipt of this order.

7. The present petition is allowed to the aforesaid extent. Rule made absolute to the aforesaid extent. Direct service is permitted.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED Page 4 of 4 Downloaded on : Thu Jun 22 20:31:38 IST 2023

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