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SCA/12240/2009 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12240 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
USMANBHAI
VALIJIBHAI DESAI - Petitioner(s)
Versus
SUB
REGISTRAR & 1 - Respondent(s)
=========================================================
Appearance :
MR
HRIDAY BUCH for
Petitioner(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1,
MR
JK SHAH AGP for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 09/02/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed to quash and set aside the order passed by
the learned J.M.F.C., Dhandhuka in Application No.40/2009 dated
22.09.2009 and further to direct the respondents to correct the birth
date of the petitioner as 18.06.1954 in place of 21.06.1954 in the
Register maintained under the provisions of the Birth and Death
Registration Act, 1969 (for short, the Act ).
2. The
petitioner herein is the Uncle of one Abdul Rasid, who is currently
settled in the United States of America and has acquired the
citizenship of the said country. It is the case of the petitioner
that said Abdul Rasid was born on 18.06.1954 at Dhandhuka but,
inadvertently, his birth date was entered as 21.06.1954 in the
Register maintained under the Act.
3. The
petitioner had, therefore, made an application u/s.13(3) of the Act
before the trial Court requesting to correct the birth date, as
entered in the Register. However, the said application came to be
rejected by the trial Court by impugned order dated 22.09.2009.
Hence, this petition.
4. Heard
learned counsel for the respective parties and perused the documents
on record. It is a settled law that for carrying out correction of
date of birth or place of birth or name, powers have been conferred
under the Act on the Registrar as well as the Judicial Magistrate,
First Class, as the case may be, when the correction is sought to be
made in the school record. Such principle has also been laid down in
a recent decision of this Court rendered in the case of Regional
Passport Officer v. Kokilaben, w/o. Jaswantlal Panchal & Ors.,
2009(2) G.L.H. 1246.
5. In
the case on hand, the trial Court has refused to entertain the
application preferred by the petitioner mainly on the ground of
jurisdiction. As stated herein above, under the provisions of the
Gujarat Registration of Births & Deaths Act and the Rules framed
thereunder, the learned J.M.F.C. or the Registrar, as the case may
be, has jurisdiction to carry out necessary correction in the
Register of Births & Deaths. Hence, the trial Court has committed
an error in rejecting the application of the petitioner.
6. Consequently,
the petition is allowed. The impugned order passed by the learned
J.M.F.C., Dhandhuka in Application No.40/2009 dated 22.09.2009 is
quashed and set aside. The learned J.M.F.C. concerned is directed to
hold an enquiry on the application made by the applicant for change
of birth date in the Register of Births. The petitioner shall be
given a notice by the learned J.M.F.C. concerned for appearance
before them, with all documentary and oral evidence, to substantiate
his claim for change of date of birth in the Register of Births. Let
the learned J.M.F.C. complete the enquiry within a reasonable period
of four weeks from the date of service on them of a copy of this
judgment and pass consequential orders of granting change in the
entry regarding date of birth in the Register of Births and issue a
Certificate on the said entry to the petitioner, if the petitioner is
able to substantiate his claim before it.
7. With
the above observations, the petition stands disposed of. Rule is made
absolute to the above extent with no order as to costs. Direct
service permitted.
[K.S.JHAVERI,
J.]
Pravin/*
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