RAMILABEN RAOJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mrs. Falguni Patel learned A.G.P., waives service of rule on behalf of the respondents. At the request of the learned advocates for the respective parties, the matter it taken up for final hearing today itself.

(2.) The petitioner has approached this Court to obtain appropriate direction on the respondents to enter the name of the petitioner in the birth register and to issue birth certificate to her. It is the case of the petitioner that she was born on 3rd May, 1951. However, due to inadvertence on the part of the parents, her birth could not be registered in the official record maintained under the Births and Death Registration Act. The petitioner however had no knowledge that her birth was registered in the official record. She, therefore, approached respondent no. 2 with an application on 13th April, 2007 for obtaining birth certificate, but she was informed that her birth was not registered in the year 1951 and it was not possible to give birth certificate. She, therefore, requested to make necessary entry and issue birth certificate, but that request has been turned down. Hence, she has approached this Court.

(3.) I have heard Mr. U.M. Shastri learned advocate for the petitioner and Mrs. Falguni Patel learned A.G.P., for the respondents. Mr. Shastri has submitted that respondent no. 2 has power to enter the birth date of the petitioner in its official record i.e., birth register and issue certificate on that basis. In support of his say he has placed reliance on the decision of this Court rendered in the case of Dipika Arvindkumar Pancholi v. State of Gujarat & Anr., reported in 2003 (1) GLH pg. 514. Mrs. Patel is not in a position to controvert this position. I have perused the said decision. It is held as under :-