BHRAMBHATT MRUGAXIBEN ANIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.J.K.Shah, learned Assistant Government Pleader waives service of notice of RULE for respondents Nos.1 and 2. Mr.N.V.Anjaria, learned advocate waives service of notice of RULE for respondent No.3. On the facts and in the circumstances of the case and with the consent of the learned advocates for the respective parties, the petition is being heard and finally decided today.

(2.) THE challenge in this petition, preferred under Article 226 of the Constitution of India, is to the order dated 04-03-2011, made by respondent No.3, Chief Officer, Patan Nagarpalika, to the effect that under the provisions of Section 15 of the Registration of Births and Deaths Act, 1969 ("THE Act" for short) and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 ("THE Rule" for short) no power is vested in him to make changes in the date of birth, as recorded in the Register.

(3.) RELIANCE has been placed upon the judgment in the case of Nitaben N.Patel v. State of Gujarat, 2008(1) GLR 884,wherein it has been held that the competent authority has the power to correct or cancel an entry in the Register and when the said authority fails to exercise such powers, a writ of Mandamus can be issued.