KAMIL VAJIHUDDIN SIDDIQUI Vs. STATE OF GUJARAT
LAWS(GJH)-2021-3-390
HIGH COURT OF GUJARAT
Decided on March 10,2021

Kamil Vajihuddin Siddiqui Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

VIPUL M PANCHOLI,J. - (1.)By way of this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs,
"(A) YOUR LORDSHIPS be pleased to quash and set-aside impugned order dated 30.07.2020 passed by respondent no.3 at Annexure 'A' as well as impugned order dated 04.11.2020, passed by Ld. Add. Chief Metropolitan Magistrate, Court No.8, A.M.C., Ahmedabad at Annexure 'B' in this petition, in the interest of justice.

(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ order or direction, directing the respondent authorities, more particularly respondent No.3 to correct the name entered into the Birth Certificate as well as in Birth Register, in the interest of justice;.

(C) xxx xxx xxx."

(2.)Heard learned advocate, Mr. A.R. Kadri for the petitioner, learned AGP Mr. R.B. Raval appearing for the respondent nos.1 and 2 and learned advocate, Mrs. Kalpana Raval appearing for the respondent no.3.
(3.)Learned advocate for the petitioner has referred to the averments made in the memo of petition and, thereafter, submitted that in the birth certificate, name of the son of the petitioner is recorded as "Jibril", however after taking advice and suggestion of spiritual Guru, the name of the son of the petitioner is changed from "Jibril" to "Arsil". It is submitted that the name of the son of the petitioner is corrected and published in the Gujarat Government Gazette on 18.01.2018, copy of said gazette is placed on record at Page No.25 of the compilation. It is further submitted that in Aadhar Card as well as in the school, where the son of the petitioner is stying, his correct name is recorded as "Arsil". Learned advocate for the petitioner, thereafter, submitted that the petitioner has made request to the respondent no.3 for correction of the name of his son, however by impugned communication dated 30.07.2020, the request of the petitioner has been rejected by the respondent no.3 by placing reliance upon the Circular dated 18.02.2016 issued by the concerned authority. It is submitted that before passing impugned order, the respondent no.3 has not made any inquiry as contemplated under Section 15 of the Registration of Births & Deaths Act, 1969 (hereinafter referred to as "Act of 1969) and the Rules framed thereunder. He also submitted that the respondent has also not considered the documentary evidence supplied by the petitioner.


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