PATEL BHAVESH VISHNUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.P.P.Banaji, learned Assistant Government Pleader waives service of notice of Rule for respondent No.1 and Mr.H.S. Munshaw, learned advocate, wavies service of notice of Rule for respondent No.2. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) By preferring this petition under Article 226 of the Constitution of India, the petitioner has, interalia, prayed that the impugned order/ communication dated 10.03.2012, passed by respondent No.2-Talaticum- Mantri Kada Gram Panchayat, Taluka Visnagar, District Mehsana, be quashed and set aside and the said respondent be directed to correct the name and date of birth of the petitioner in the Register of Births and Deaths and to issue a Birth Certificate with the correct name and date of birth of the petitioner.

(3.) According to the petitioner, he was born on 20.08.1991, at Puranpura, Post Kada, Taluka Visnagar, District Mehsana. An entry regarding his birth was registered in the relevant record vide Registration No.85 of 1991, and a Birth Certificate was issued accordingly. It is the case of the petitioner that his date of birth has wrongly been recorded as 01.11.1991, instead of 20.08.1991. The petitioner further states that his name is Bhavesh and not Bhaveshkumar and, therefore, his correct name has not been recorded in the relevant record and the Birth Certificate. The other documents of the petitioner including his School Leaving Certificate, records the correct date of birth and name of the petitioner. The petitioner made an application to respondent No.2 requesting that his name and date of birth be corrected in the relevant record and a fresh Birth Certificate with the corrected entries be issued to him. The said application has been rejected by respondent No.2 by passing the impugned order dated 10.03.2012, on the ground that the said respondent does not have the power to carry out the necessary corrections. Aggrieved thereby, the petitioner has approached this Court by way of filing the present petition.