SCA/4056/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4056 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 BABUBHAI KARSANBHAI - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR GD ACHARYA for Petitioner 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 SCA/4056/2008 2/4 JUDGMENT disposal was issued and the same is served upon 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 directing the respondent no.2 to correct the relevant record maintained by Aloda Gram Panchayat, Taluka-Mehsana, District-Mehsana, under the Registration of Birth and Death Act, 1969. 4. It is alleged that the correct name of the petitioner is “Babubhai”, but instead of “Babubhai”, name of the petitioner is mentioned as “Vitthal” in column no.1 of the birth register maintained under the rules framed under the Act. To establish this fact, the petitioner has produced passport issued to the petitioner, school leaving certificate and zerox copy of PAN Card issued by the government. In each of these three documents, name of the petitioner is shown as Babubhai. It is the say of Mr. Acharya, learned counsel appearing for the petitioner that an attempt was made by the petitioner to see that respondent no.2 corrects the name of the petitioner accepting the request and representation of the petitioner, more particularly on the strength of the documents available with him. However, respondent no.2 expressed his inability to do so saying that he SCA/4056/2008 3/4 JUDGMENT has no authority to make such alteration in the original birth register. 5. 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 in the case of Vimalkumar Pravinkumar Brahmbhatt v. Ahmedabad Municipal Corporation & anr. In one of the above decisions, the petitioner had requested the Court to issue appropriate writ, order or direction to change the name of the petitioner from Balkrishna to Vikramkumar. The said decision would positively help the petitioner. There is no strong resistance from the other side. Therefore, the petition will have to be allowed. 6. The petition is allowed. It is hereby ordered that the petitioner now shall approach the respondent Talati cum Mantri of Aloda Gram Panchayat, Taluka-Mehsana, District-Mehsana, or if need be, superior officer for correction of the entry in column no.1 as to the name of the newly born child, along with copies of documents, that is, zerox copies of passport, school leaving certificate, PAN Card etc and request the authority to correct the name of the petitioner in the relevant column and the SCA/4056/2008 4/4 JUDGMENT authority shall correct the name of the petitioner as “Babubhai” instead of “Vitthal”. 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/-