SAROJBEN PRAHLADBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioner for mentioning the correct date of birth of the petitioner.

(2.) It is the case of the petitioner that the Birth Certificate reflects the date of birth of the petitioner as '05.08.1971' whereas the real date of birth of the petitioner is '10.05.1971'. It is submitted that the petitioner had preferred an application for making the above correction before the respondent No.2; however, as no order was passed on the said application, the petitioner preferred a petition being Special Civil Application No.18524/2015 wherein it was directed to the respondent No.2 to pass an order within a period of six weeks. Thereafter, the application of the petitioner was rejected on various grounds. It is further submitted that the petitioner had preferred another Special Civil Application No.3883/2016, wherein it was held that evidences put forward by the petitioner are sufficient and thereby directed the respondent No.2 to decide the application on the basis of the evidences annexed with the petition. Thereafter, the respondent No.2 passed an order dated 27.01.2017, pursuant to which a showcause notice was issued for initiating contempt proceedings whereby a reply was given by the respondent No.2 and the Contempt Petition filed by the petitioner was dismissed.

(3.) In the case of the very petitioner and pertaining to the very subject matter, this Court in Special Civil Application No.3883/2016 in the order dated 23.11.2016 has recorded as under :-