LAWS(GJH)-2007-7-156

SAVITABAHEN ARVINDKUMAR PATEL Vs. TALUKA DEVELOPMENT OFFICER

Decided On July 06, 2007
SAVITABAHEN ARVINDKUMAR PATEL Appellant
V/S
TALUKA DEVELOPMENT OFFICER Respondents

JUDGEMENT

(1.) RULE. Mr. Neeraj Soni 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 corrections in the birth certificate. According to the petitioner, his correct date of birth is 1st June, 1963, but in the birth certificate it is mentioned as 27th July, 1963. Further the petitioner has averred that the correct name of his parents ie. Mother Savitaben and father is Motiram, but in the birth certificate it is mentioned as Gitaben and Modidas respectively. Therefore, necessary corrections are required to be made in the birth certificate. He had approached the respondent with a request for carrying out requisite corrections, but the respondent expressed his inability to do so, on the ground that he did not have any power to affect corrections 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 & 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.