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Dharti Kamleshbhai Patel vs State Of Guajrat

High Court Of Gujarat|15 January, 2020
1. RULE. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent - State.
2. This petition is filed by the petitioner, through her mother, 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's mother.
3. It is the case of the petitioner that the Birth Certificate reflects the name of the petitioner's mother as 'Samitaben' whereas the real / correct name of the petitioner's mother is 'Sharmishthaben'. Learned Advocate for the petitioner states Page 1 of 3 Downloaded on : Sun Feb 16 23:16:32 IST 2020 C/SCA/887/2020 ORDER that the other documents pertaining to the name of the petitioner's mother such as Ration Card mentions the correct name of the mother of the petitioner.
4. To remove the above discrepancy, the petitioner's father had made a number of oral requests to change the name of the mother. The petitioner also approached the respondent to give a written representation which was not accepted and therefore, the petitioner addressed a written communication dated 07.11.2019 to the respondent No.2 by Registered Post A.D. However, the respondent No.2 gave a reply dated 06.12.2019 to the petitioner that they do not have the authority to make the change as sought for and instead have insisted for appropriate orders from the Court.
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 another judgment in the case of Sejalben Mukulbhai Patel W/o. Khodabhai Joitaram Patel v. State of Gujarat and Another reported in AIR 2019 Gujarat 56 has issued directions. Considering the ratio of the aforesaid 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, to Page 2 of 3 Downloaded on : Sun Feb 16 23:16:32 IST 2020 C/SCA/887/2020 ORDER correct the error as prayed for. Besides, the correction sought is only an innocuous one and the petitioner does not seek to derive any undue advantage out of such a change.
6. Since the Court proposes to dispose of this petition by issuing certain directions, no Notice is issued at this stage. In view of the aforesaid legal position, it would be appropriate to quash and set aside the communication dated 06.12.2019 passed by the Talati cum Mantri, Jamla Gram Panchayat, Taluka Kalol, District Gandhinagar. The petitioner is now directed to approach the respondent No.2 with a fresh application for rectifying the mistake and correcting the name of the petitioner's mother as mentioned in this petition, within a period of two weeks after receipt of writ of the order of this Court, and the same be decided within a period of four weeks thereafter, after affording an opportunity of hearing to the petitioner and considering the observations made by this Court in the aforementioned judgments.
7. The petition stands allowed in the aforesaid terms. Rule made absolute. Direct Service is permitted.
(A.Y. KOGJE, J) CAROLINE Page 3 of 3 Downloaded on : Sun Feb 16 23:16:32 IST 2020
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