BHARATBHAI RANCHHODBHAI CHODVADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Shruti Pathak, learned Assistant Government Pleader, waives service of notice of Rule for respondent No.1. Respondent No.2, TalaticumMantri, Nana Visavadar Gram Panchayat, Taluka Khambha, District Amreli, has been served, but has not chosen to put in an appearance before the Court. Therefore, as it appears that the said respondent is not interested in contesting the petition, there is no requirement of issuance of notice of Rule to him. 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.) THIS petition under Article 226 of the Constitution of India has been preferred, with the following prayers:

(3.) THE brief facts of the case are that the son of the petitioner named Nitin was born on 01.06.1993, at Village Nana Visavadar, Taluka Khambha, District Amreli. The birth was registered with the Competent Authority on 22.08.1996, by the petitioner. However, due to inadvertence, the date of birth of the petitioner's son has been wrongly registered as 19.08.1996, instead of 01.06.1993. The respondent authority has issued a Birth Certificate in respect of the petitioner's son, on which a wrong date of birth has been reflected. The petitioner, therefore, made an application to respondent No.2 on 06.08.2012, requesting the said authority to correct the date of birth of his son in the Birth Certificate and to reflect the correct date of birth, that is, 01.06.1993. Upon the said application, respondent No.2 passed the impugned order dated 03.03.2014, stating therein that he is not competent to make the necessary correction. Aggrieved thereby, the petitioner has approached this Court by preferring the present petition.