PATEL PRAVINKUMAR PRAHLADDAS Vs. TALATI CUM MANTRI

JUDGEMENT

(1.) RULE . Mr.H.S. Munshaw, learned advocate, waives service of notice of Rule for the respondent. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) BY preferring this petition under Article 226 of the Constitution of India, the petitioner has prayed for the issuance of an appropriate writ or direction to the respondent authority, that is, Talati -cumMantri of the Ghumasan Gram Panchayat, Taluka Kadi, District Mehsana, to effect the change of date of birth from 02.10.1964 to 01.09.1964, in the Birth Certificate of the petitioner and also to correct his name by inserting his correct name "Pravinkumar", instead of "Babo", that has wrongly been mentioned in the Birth Certificate.

(3.) IT is stated in the petition that the petitioner was born at village Ghumasan, on 01.09.1964. As per the provisions of the Registration of Births and Deaths Act, 1969 (the Act for short), the factum of his birth was got registered with the competent authority. However, the relative who did the needful got registered a wrong date of birth, that is, 02.10.1964, instead of 01.09.1964, which is the correct date of birth of the petitioner. Another discrepancy is that the name of the petitioner has been mentioned as "Babo" instead of "Pravinkumar". The correct name and date of birth of the petitioner are reflected in his School Leaving Certificate as well as the PAN Card. The petitioner made an application dated 29.01.2015 to the respondent, for the correction of his date of birth and name in the Birth Certificate. By the impugned order dated 30.01.2015, the respondent rejected the said application on the ground that he does not have the power to effect the necessary corrections as per the Act and the Circular dated 12.08.2009. Aggrieved thereby, the petitioner has approached this Court.