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SCA/93/2011 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 93 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
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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 ?
=====================================================================
SHAH
SUSHILABEN BHARATKUMAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================================================
Appearance
:
MR
BHARAT B SHAH for
Petitioner(s) : 1,
MR HK PATEL, AGP for Respondent(s) : 1,
MR
DAKSHESH MEHTA for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 10/02/2011
ORAL
JUDGMENT
Heard learned Advocate
Mr.Bharat B.Shah for the petitioner.
2. On 17.01.2011, Rule
was issued returnable today, i.e. 10.02.2011.
2.1 At the request of
the learned Advocate for the petitioner, the matter is taken up for
final hearing, to which learned Advocate Mr.Dakshesh Mehta for
respondent No.2-Chief Officer, Visnagar Nagarpalika and learned
AGP Mr.H.K.Patel for respondent No.1 State has no objection.
3. Learned Advocate for
the petitioner submitted that the question involved in this matter is
similar to the one involved in Special Civil Application No.11486 of
2009, which came to be decided by this Court (Coram: Hon’ble
Mr.Justice K.S.Jhaveri) by judgment and order dated 24.11.2009.
4. For the same reasons
as are recorded in judgment and order dated 24.11.2009 in Special
Civil Application No.11486 of 2009, the present petition is allowed.
Respondent No.2 herein – Chief Officer, Visnagar Nagarpalika is
directed to effect change in date of birth from 24.03.1972 to
21.03.1972 in the birth certificate of the petitioner’s son –
Hiteshkumar in the records. Respondent No.2 is further directed to
issue fresh certificate of birth showing the correct date of birth
to be 21.03.1972 in place on 24.03.1972. Rule is made absolute.
No costs.
A copy of judgment and
order passed in Special Civil Application No.11486 of 2009 dated
24.11.2009 be kept on the file of this matter.
Direct service
is permitted.
(Ravi
R.Tripathi, J.)
*Shitole
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