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SCA/15711/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15711 of 2011
=========================================================
CHANDUBHAI
RAMBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
YH VYAS for
Petitioner(s) : 1,
MS ASMITA PATEL, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/10/2011
ORAL ORDER
1. This
petition under Article 226 of the Constitution of India has been
filed, with the following prayers :
“(A) This
Hon’ble Court may be pleased to issue writ of mandamus or in the
nature of mandamus or any other appropriate writ,
order or direction, directing the respondent No.2 to grant the
application at Annexure-‘B’ dated 27.09.2011 submitted by the
petitioner with respect to the entry / correction of the birth record
under the provisions of the Registration of Births and Deaths Act,
1969 and the Rules framed thereunder.
(B) This
Hon’ble Court may be pleased to issue writ of mandamus or in the
nature of mandamus or any other appropriate writ,
order or direction, directing the respondent No.2 to entertain
the application at Annexure-‘B’ dated 27.9.2011 submitted by the
petitioner with respect to the entry / correction of the birth record
of the petitioner within a period of four weeks from the date of
receipt of the order of this Hon’ble Court.
(C) Pending
admission, hearing and final disposal of this Special Civil
Application, This Hon’ble Court may be pleased to grant ex-parte
ad-interim relief in terms of prayer (B) above.
(D This
Hon’ble Court be pleased to pass such other and further order/s as
deemed fit, just and proper by this Hon’ble Court.”
2. At
the very outset, Mr.Y.H.Vyas, learned advocate for the petitioner
states that the interest of justice would be met, if the application
made by petitioner on 27.09.2011 is directed to be decided by
respondent No.2, within a time-bound period.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed :
Respondent
No.2 may consider and decide the application dated 27.09.2011 made by
the petitioner, in accordance with law, within a period of two months
from the date of receipt of a copy of this order.
The
petition is disposed of, in the above terms, without entering into
the merits of the case.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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