SCA/4058/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4058 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH ========================================================= 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 ? ========================================================= PATEL CHETANABEN RAMESHBHAI - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR GD ACHARYA for Petitioner(s) : 1, MR VINAY PANDYA, ASSTT.GOVERNMENT PLEADER for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 16/04/2008 ORAL JUDGMENT 1. Heard Mr.G.D.Acharya, learned counsel appearing for the petitioner and Mr. Vinay Pandya, learned AGP for the respondents. When this petition was listed on 4th March, 2008, notice for final disposal was issued and the same is served upon SCA/4058/2008 2/3 JUDGMENT the respondents. 2. Rule. Mr. Vinay Pandya, learned AGP waives service of Rule on behalf of the respondents. 3. By invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order or direction mainly in terms of para-6[A] of the petition. It is the say of the petitioner that in the register of birth maintained by the local self government, incorrect date of birth of the petitioner is recorded as “25th August, 1965”. The correct date of birth of the petitioner is “25th July, 1965”. The petitioner has approached the competent authority with a request to help him out by making necessary correction in the birth register maintained by the authority. School leaving certificate issued by N.M. Nootan Sarva Vidyalaya, Visnagar showing correct date of birth of the petitioner to be 25th July, 1965, and copy of passport were also given to the authority on 29th October, 2007. However, the request of the petitioner was not acceded to. 4. The petitioner has rightly relied upon the decision of this Court [Coram: Kalpesh S. Jhaveri, J.] in the case of Arunkumar Mohanbhai Patel v. Talati Cum Mantri rendered in Special Civil Application No. 12822 of 2004 on 8th October, 2004 and also the decision of this Court [Coram: C.K. Buch, J.] rendered in Special Civil Application No. 511 of 2008 on 1.2.2008 SCA/4058/2008 3/3 JUDGMENT in the case of Vimalkumar Pravinkumar Brahmbhatt v. Ahmedabad Municipal Corporation & anr. Copies of the above said decisions are attached with the petition. 5. Considering the ratio of the decision and the powers vested with the local self government under Section 5 of the Registration of Birth and Date Act, 1969, present petition shall have to allowed. 6. Having considered the totality and other facts and circumstances emerging, the present petition is allowed. It is hereby ordered that the petitioner now shall approach Unjha Municipality with necessary documents such as School Leaving Certificate, copy of passport etc., and shall request the Municipality to correct date of birth of the petitioner from “25.8.1965” to “25.7.1965”. On this being done, the authority, after verifying these documents shall correct the date of birth of the petitioner in relevant column of the birth register and instead of “25th August, 1965”, date of birth of the petitioner be corrected as “25th July, 1965”. 7. After correcting the entry, if fresh birth certificate is prayed for, the same shall be issued to the petitioner on payment of requisite fees. Order and direction accordingly. Rule is made absolute in the above terms. No costs. [C.K. BUCH, J.] pirzada/-