VIPULKUMAR RAMANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of intra-court appeal under Clause 15 of the Letters Patent, the original petitioner has challenged the order dated 17.2.2012 passed in Special Civil Application No.2316 of 2012, by which learned Single Judge has refused to issue directions in the nature of writ of mandamus or certiorari directing the respondent to correct the date of birth of petitioner as 14.7.1978 instead of 25.8.1978 in birth certificate which was issued by Talati-cum-Mantri of village Santhal of District Mehsana.

(2.) THE brief facts arising from the case are as under:

(3.) IN support of his submission, learned advocate for the appellant has relied upon the judgment in the case of Nitaben Nareshbhai Patel V/s The State of Gujarat and Ors., reported at 2008(1) GLH 556, by which the learned Single Judge has held that the writ petition is maintainable under Article 226 of the Constitution of INdia when the authority concerned has failed to exercise its statutory powers envisaged in Section 15 of The Registration of Births and Deaths Act.