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SCA/2406/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2406 of 2008
=========================================================
PATEL
NAGINBHAI DAMODARDAS GUARDIAN OF MINOR PATEL JAPAN - Petitioner(s)
Versus
STATE
OF GUJARAT & OTHERS & 1 - Respondent(s)
=========================================================
Appearance :
MR
KIRIT R PATEL for Petitioner(s) : 1,
MR VIPUL
MISTRY AGP for Respondent(s) : 1,
DS AFF.NOT FILED (R) for
Respondent(s) : 2,
MR NA SHASTRI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/09/2008
ORAL
ORDER
The
petitioner has filed this petition under Article 226 of the
Constitution of India with the following prayers :-
?S(B) Be
pleased to issue a writ of mandamus and/or any other appropriate
writ, direction order upon the respondent authority by directing them
to amend the wrong birth date was wrongly written 7.9.1992 instead of
7.7.1992.
(C) Pending the
hearing and final disposal of the Special Civil Application be
pleased to grant ad interim relief by way of directing the
respondent-authority to issue fresh amended birth certificate
altering her wrong birth date 7.9.1992 instead of 7.7.1992??.
2) On
17.3.2008, following order was passed :-
?SDate
: 17/03/2008
ORAL
ORDER
Heard
Shri K.R. Patel, learned counsel appearing for the petitioner.
Rule,
returnable on 28th March 2008. The formal service of
notice of Rule is waived by Ms.D.S. Pandit, learned Assistant
Government Pleader, on behalf of the respondent-State.
On
the returnable date, the respondent-Corporation shall file its
response, if it so desires, after making necessary inquiry from
Chetna Maternity Home, Vadaj, Ahmedabad, because it is the say of
the petitioner that she was borne on 07th July 1992
instead of 07th September 1992.
Direct
Service is permitted.
Sd/-
(C.K. Buch,
J)??.
Now,
as decided by this Court in the case of Nitaben Nareshbhai
Patel v. State of Gujarat reported in 2008(1) GLR 884, the
registering authority has all powers for recording corrections of
the entires in the Register of Births and Deaths as provided under
Sections 15, 29 and 31 of the Registration of Births and Deaths Act,
1969 and under rule 11 of Gujarat Registration of Births and Deaths
Rules, 2004.
In
view of the above, the respondent No.2 is directed to consider the
case of the petitioner and pass appropriate order in accordance with
law within a period of 4 weeks from the date of the receipt of the
writ of this order.
With
the above observations and direction, this Special Civil Application
stands disposed of. Rule discharged. However, there shall be no
order as to costs.
(ANANT S. DAVE, J.)
*pvv
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