Dr. Sumantkumar Ratilal Shah vs State of Gujarat and Others

Ravi R. Tripathi, J.—Heard learned advocate Mr. E.E. Saiyed for the Petitioner. The matter requires consideration. RULE. At the request of learned advocate Mr. Saiyed the matter is taken up for final hearing. Learned AGP Mr. H.K. Patel has no objection.

Learned advocate Mr. Saiyed invited attention of the Court to decision of this Court (Coram: H.K. Rathod, J.) in the matter between Navinkumar Manibhai Patel v. State of Gujarat in Special Civil Application No. 10710 of 2010 dated 13th September 2010. Learned advocate Mr. Saiyed submitted that the facts of the present case being identical to the case of Navinkumar Manibhai Patel (supra) a similar direction is required to be issued as was issued in para 4 of the above Judgment. The Court deems it proper to issue such a direction.

In light of this back ground, it is open for Petitioner to approach Respondent No. 3-Mamlatdar, Dholka with a request to change or record correct date of birth from 02.09.1955 to 01.10.1955, and also to include name of Petitioner within period of one month from date of receiving copy of present order of this Court. As and when the Respondent-Mamlatdar receives such application from Petitioner, the Respondent-Mamlatdar shall inquire into matter and examine it whether date of birth recorded in birth register is correct or not and thereafter consider the application that may be filed by Petitioner and also consider documents that may be placed on record by Petitioner and thereafter shall consider recent decision of Division Bench of this Court in the matter of Regional Passport Officer Vs. Kokilaben Panchal and Others, wherein earlier decision of this Court in matter of Nitaben Nareshbhai Patel Vs. State of Gujarat and Others, has been considered, and the Respondent authority shall consider such application made by Petitioner and thereafter scrutinize the entire matter and find out the correct date of birth of Petitioner and then shall pass appropriate reasoned order for correcting birth date and registering/entering name of Petitioner in birth register in accordance with law. The above exercise shall be completed as early as possible, preferably by 14th March 2011 and the decision will be communicated to Petitioner immediately thereafter.

The Registry is directed to keep a copy of the decision in the matter of Navinkumar Manibhai Patel (supra) on the file of this case. Rule is made absolute. No order as to cost.