BHAVANJI BHALAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr. Nikunj Kanara, learned AGP waives service of notice of rule on behalf of the respondent no.1 and Mr. Rohan Shah, learned counsel waives service of notice of rule on behalf of the respondent no.2. With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today.

(2.) The present petition is filed by the petitioner under Articles 14, 16 and 226 of the Constitution of India read with the provisions of The Registration of Births and Deaths Act, 1969 and Gujarat Registration of Births and Death Rules, 2004 seeking following reliefs:

(3.) Brief facts giving rise to the present petition are that, the mother of the petitioner Manguben passed away on 3/2/1990 in LG Hospital. That, at the time of filling up the documents for Manguben, while getting admitted in hospital, the name of husband's father was mentioned as Bhalaji Motiji instead of Bhalaji Nathaji and hence, in the death certificate her name is mentioned as Manguben Bhalaji Motiji. That, for the purpose of preparing pedhinama, the concerned notary and Talati cum Mantri raised objection on the incorrect name and stated that pedigree cannot be prepared. That, the petitioner wishes to sell his land but due to this error he is not able to do so. That, the petitioner had submitted an application and also sent a notice to respondent no.2 but respondent no.2 informed orally that order of this Court is required to carry out the correction. Being aggrieved by the same, the petitioner has preferred the present petition.