LAWS(GJH)-2007-4-116

RASIKBHAI MANSUKHBHAI PATEL Vs. TALATI CUM MANTRI

Decided On April 11, 2007
Rasikbhai Mansukhbhai Patel Appellant
V/S
TALATI CUM MANTRI Respondents

JUDGEMENT

(1.) RULE . Mr. Krunal Pandya learned A.G.P., waives service of rule on behalf of the respondent. At the request of the learned advocates, the matter is taken up for final hearing today itself.

(2.) THIS petition is filed for obtaining appropriate direction on the respondent to enable him to make necessary correction in the birth certificate. According to the petitioner, his correct name is Rasikbhai. However, in the birth certificate it is mentioned as Sureshbhai. Further the petitioner has averred that his correct date of birth is 20th April, 1957, but in the birth certificate it is mentioned as 14th March, 1957. Therefore, necessary correction is required to be made in the birth certificate. He had approached the respondent with a request for carrying out requisite correction, but the respondent expressed his inability to do so, on the ground that he did not have any power to affect correction in the birth certificate.

(3.) MR . Niral Mehta learned advocate for the petitioner has submitted that the respondent by virtue of provisions of Section 15 of the Registration of Birth and Death Act, 1969. has power for correction or cancellation of entry in the Register of Births and Deaths. To substantiate his submission he has also placed reliance on the relevant provisions and the order of the learned Single Judge dated 9th October, 2006 rendered in Special Civil Application No. 19683/2006 and its allied matters.