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C/SCA/1018/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 1018 of 2020

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KAUSHAL AJAYKUMAR CHAVDA
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL M MEHTA(3416) for the Petitioner(s) No. 1
MR KM ANTANI, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
MS ASMITA PATEL for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 20/02/2020
ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of

India seeking direction to make necessary correction in the

Birth Certificate of the petitioner for replacing the name of

the petitioner's father and surname with the name of the

petitioner's mother and surname.

2. It is the case of the petitioner that the petitioner was born on

27.08.1997 at Rajkot and the Birth Certificate was issued by

the respondent authority accordingly. However, the parents

of the petitioner had a matrimonial dispute, as a result of

which the petitioner's mother committed suicide. It is

submitted that the petitioner was brought up by his maternal

grandparents from his childhood till today and is now is

pursing his MBA.

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C/SCA/1018/2020 ORDER

3. It is submitted that the petitioner had preferred an

application dated 15.05.2019 before the respondent No.2,

praying for replacing the name of the father and the surname

with the name of his mother and surname and also prayed for

issuance of a new Birth Certificate. However, the

respondent No.2 by way of the impugned communication

dated 10.06.2019 rejected the application of the petitioner.

4. To be substantiate his submissions, learned Advocate for the

petitioner relies upon the following decisions of this Court :-

Order dated 18.03.2013 passed in Special Civil Application

No.1017/2013 (Hina Rameshchandra Trivedi v. State

of Gujarat and Another) and;

Judgment dated 24.01.2014 passed in Letters Patent

Appeal No.938/2013 in Special Civil Application

No.1017/2013 (Registrar Births-Death Department v.

State of Gujarat and Other).

5. In identical facts/situation, this Court in the judgment in the

case of Nitaben Nareshbhai Patel v. State of Gujarat

reported in 2008 (1) GLR 884 and another judgment in the

case of Sejalben Mukulbhai Patel W/o. Khodabhai

Joitaram Patel v. State of Gujarat and Another reported

in AIR 2019 Gujarat 56 has issued directions. Considering

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C/SCA/1018/2020 ORDER

the ratio of the aforesaid judgments, it is clear that the

Registering Authority is within its power under Section 15 of

the Registration of Births and Death Act, 1969 and Rule 11 of

the Gujarat Registration of Birth and Death Act, 2004, to

carry out the changes as prayed for.

6. Upon issuance of Notice, learned Advocate Ms. Asmita Patel

appears for the respondent authority. In view of the

aforesaid legal position, it would be appropriate to remand

the matter to the respondent No.2 and direct the respondent

No.2 for replacing the name of the petitioner's father and

surname with the name of the petitioner's mother and

surname, as mentioned in this petition, within a period of

eight weeks after receipt of writ of the order of this Court,

after affording an opportunity of hearing to the petitioner and

considering the observations made by this Court in the

aforementioned judgments.

7. With the aforesaid direction, this petition stands disposed of.

Direct Service is permitted.

Sd/-

(A.Y. KOGJE, J)
CAROLINE

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