Decided on January 05,2021

Dipikaben Vishnubhai Patel Appellant
Gram Panchayat, Karannagar Respondents


Vipul M.Pancholi,J. - (1.) Heard learned advocate, Mr. Aftabhusen Ansari appearing for the petitioner and learned AGP Mr. Ronak Raval appearing for the respondent no.2. Though served long back, none appears for the respondent no.1.
(2.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed that the respondent no.1 be directed to change the name of the petitioner from "Jollyben" to "Dipikaben" in the birth certificate issued by the respondent no.1.
(3.) It is submitted that the petitioner has made representation to the respondent no.1 along with necessary documentary evidence, from which, it is revealed that the real name of the petitioner is "Dipikaben Vishnubhai Patel", however inspite of that, in the birth certificate issued by the respondent no.1, it is wrongly recorded as "Jolly Vishnubhai Patel", which led to submission of representation before the respondent no.1 for correction of the name in the birth certificate, however by way of impugned communication dated 26.11.2019, the request of the petitioner has been rejected only on the ground that the Talati-cum-Mantri of Karanagar Gram Panchayat has no power to change and/or correct the name in the birth certificate. Learned advocate for the petitioner has placed reliance upon the decision rendered by this Court in case of Sejalben Mukundbhai Patel Vs. State of Gujarat and Anr. , 2019 3 GLR 1866 and submitted that this Court has considered similar issue and, thereafter, this Court has given certain direction to the concerned respondent authority. It is further submitted by learned advocate for the petitioner that Talati-cum-Mantri is also empowered to make necessary correction. It is, therefore, urged that appropriate direction be issued to the respondent no.1 to consider the documents submitted by the petitioner and, thereafter, correct the name in the birth certificate as requested by learned advocate for the petitioner.;

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