MEHULKUMAR JASHUBHAI PATEL Vs. TALATI CUM MANTRI

JUDGEMENT

(1.) LEAVE to implead the State of Gujarat through the concerned Secretary, as party"respondent No.2, is granted. The necessary amendment may be carried out, forthwith.

(2.) RULE. Mr.J.K.Shah, learned Assistant Government Pleader waives service of notice of RULE on behalf of respondent No.2. Considering the settled legal position, it is not necessary to issue notice of RULE to respondent No.1. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided, today.

(3.) MR.Niral R. Mehta, learned counsel for the petitioner has submitted that the stand taken by respondent No.1 in the impugned order is not correct, as the said respondent is vested with power under Section-15 of the Act, to correct or cancel an entry in the Register of Births and Deaths. It is further submitted that by passing the impugned order, respondent No.1 has refused to exercise the power vested in him by the Act, in spite of the fact that the petitioner has produced necessary documents such as School Leaving Certificate, PAN card and Identity Card issued by Swaminarayan College before the said authority, which bear the correct date of birth of the petitioner, that is, 14.07.1992 and correct name of the petitioner, that is, Mehulkumar Jashubhai Patel. The learned counsel for the petitioner has further contended that the refusal of the competent authority to exercise the power vested in him, as per the provisions of the Act and Rules is against the settled position of law as enunciated in the case of in the case of Nitaben N.Patel v. State of Gujarat reported in 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.