MAHESHKUMAR CHHOTALAL MANIYAR Vs. COLLECTOR & DISTRICT MAGISTRATE

JUDGEMENT

(1.) The present petition is filed by the petitioner (it appears) under Article 226 of the Constitution of India for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued to Respondent No.1 - The Collector and District Magistrate, Gir Somnath, to verify the birth certificate issued by the Veraval Nagar Palika and, the communication dated 12.8.2016 as well as 22.2.2017 may be quashed and set aside, and also the verification of the birth certificate issued b y the Veraval Paten Nagar Palika.

(2.) The facts of the case briefly summarized are that the petitioner as husband wanted to apply for the citizenship of Portuguese, and therefore, the birth certificate is required to be verified by the office of the Collector and District Magistrate. It appears that the surname was not mentioned in the birth certificate and there was some correction with regard to the mother's name as the name of the mother bears the name of the maternal grandfather which is required to be corrected, and therefore, the application came to be made by the petitioner. However, as stated in detail with the affidavit, the issue has been joined with regard to the correctness of the register of birth and death maintained by Veraval Nagar Palika on the ground that there are some discrepancies. Therefore, it has led to the filing of the present petition by the petitioner.

(3.) This court has earlier passed an order dated 18.8.2017 with specific reference to the judgment of the High Court reported in 2008 (1) GLH 556 read with the provisions of Section 15 of the Birth and Death Registration Act 1969 read with Rule 11(4) of the Birth and Death Registration Rules. Thereafter also the time was granted and the petitioner was directed to produce necessary documents and details for the purpose of examination by Respondent No.1. This court vide order dated 26.12.2017 has specifically granted time and again impressed upon the learned AGP that the procedure of examining the certificate may be completed by the next date.