LAWS(GJH)-2010-2-286

RASHMIKANT DAHYABHAI SUTHAR Vs. LUNAWADA MUNICIPALITY

Decided On February 02, 2010
RASHMIKANT DAHYABHAI SUTHAR Appellant
V/S
LUNAWADA MUNICIPALITY Respondents

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for directing the respondent authority to enter the name of his mother in the Birth Certificate issued under the Registration of Births and Deaths Act, 1969.

(2.) The facts of the case, if put in a nutshell, are as under :

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record it appears that at the relevant time as there was no column with respect to the name of the child in the Certificate issued under the provisions of the said Act, the name of the mother of the petitioner was not entered in his Birth Certificate. The Court below has rejected the application of the petitioner for want of jurisdiction. It is by now well settled that the competent authority under the provisions of the Act has jurisdiction to correct an entry in the Certificate, maintained under the said Act, after arriving at a subjective satisfaction regarding the correctness of such entry by holding reasonable inquiry.