KETANBHAI RAMESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has inter alia prayed for quashing and setting aside the communication/decision dated 13th November 2009 at Annexure-C as well as for directing the respondent authority to correct the name of the petitioner's son in his Birth Certificate as 'Faniel' instead of 'Bhavya' as per the representation dated 09th October 2009 at Annexure-B.

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

(3.) Mr.S.P. Majmudar, learned counsel appearing for the petitioner, has submitted that the impugned order passed by the respondent-authority is an unjust and improper. The order passed by the respondent-authority is a non-speaking order. It is submitted that though the respondent-authority has statutory powers to correct the name of the petitioner's son as 'Faniel' in his Birth Certificate, till date the grievance of the petitioner has not been redressed. 3.1 The learned counsel appearing for the petitioner has strongly relied upon the ratio of the decision rendered in the case of Nitaben Nareshbhai Patel v. State of Gujarat and others, reported in 2008(1) GLR 884, whereby this Court has held that the competent authority has powers to correct or cancel an entry in the register of Births and Deaths.