BHIKABHAI SOMABHAI PATEL Vs. TALUKA DEVELOPMENT OFFICER

JUDGEMENT

(1.) RULE . Mr. Krunal Pandya learned A.G.P., waives service of rule on behalf of the respondents. 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 respondents to enable him to get necessary correction made in the birth certificate. According to the petitioner, his correct name is Bhikhabhai. However, in the birth certificate it is mentioned as Bhikhalal. Further the petitioner has averred that his correct date of birth is 7th November, 1965, but in the birth certificate it is mentioned as 1st December, 1965. Therefore, necessary correction is required to be made in the birth certificate. He had approached the respondent no. 1 with a request for carrying out requisite correction, but the respondent no. 1 expressed his inability to do so, on the ground that there is no provision in law to amend/correct the birth certificate after certain years.

(3.) MR . Niral Mehta learned advocate for the petitioner has submitted that the respondent no. 1 Taluka Development Officer, 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.