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SCA/11081/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11081 of 2010
=========================================================
KISHORCHANDRA
HARGOVANBHAI PATEL - Petitioner(s)
Versus
DISTRICT
REGISTRAR (BIRTH-DEATH) & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MANAN A SHAH for
Petitioner(s) : 1,
MR
AMIT PATEL AGP FOR Respondent No.1
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 24/09/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Manan A. Shah for petitioner and learned AGP
Mr.Amit Patel for respondent No.1.
2. The
grievance of present petitioner is that in birth certificate which
has been obtained from Mamlatdar, Choryasi and Talati-cum-Mantri of
Mohini Gram Panchayat, Taluka Choryasi, District Surat where
name of father of petitioner is wrongly recorded. The real name of
father is ‘Hargovanbhai’ but, it has been wrongly recorded as
‘Harkishandas’ which required to be corrected. For that, petitioner
has approached to Civil Court by application No.37 of 1993 on
9.12.1993 where Civil Court, Surat has directed to Mamlatdar,
Choryasi to issue birth certificate of petitioner on the basis of
details mentioned in school leaving certificate, which came to be
allowed.
3. Learned
advocate Mr.Shah submitted that in that order also, by mistake, name
of father of petitioner is remained as Harkishandas and not
corrected as Hargovanbhai .
4. In
light of this background, let petitioner may again approach to Civil
Court by filing separate fresh application giving correct details in
respect to name of father of petitioner, within a period of one month
from date of receiving copy of present order.
5. As
and when concerned Civil Court / Magistrate Court, Surat receives
such application from petitioner, it is directed to concerned Civil
Court / Magistrate Court, Surat to consider application made by
petitioner and also investigate and inquire the original documents
which will be produced by petitioner and thereafter, to pass
appropriate reasoned order after considering the original record,
within a period of two months from date of receiving copy of such
application from petitioner and communicate the decision to
petitioner.
6. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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