USMANBHAI VALIJIBHAI DESAI Vs. SUB REGISTRAR

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order passed by the learned J.M.F.C., Dhandhuka in Application No.40/2009 dated 22.09.2009 and further to direct the respondents to correct the birth date of the petitioner as 18.06.1954 in place of 21.06.1954 in the Register maintained under the provisions of the Birth and Death Registration Act, 1969 (for short, "the Act").

(2.) The petitioner herein is the Uncle of one Abdul Rasid, who is currently settled in the United States of America and has acquired the citizenship of the said country. It is the case of the petitioner that said Abdul Rasid was born on 18.06.1954 at Dhandhuka but, inadvertently, his birth date was entered as 21.06.1954 in the Register maintained under the Act.

(3.) The petitioner had, therefore, made an application u/s.13(3) of the Act before the trial Court requesting to correct the birth date, as entered in the Register. However, the said application came to be rejected by the trial Court by impugned order dated 22.09.2009. Hence, this petition.