Allowed

Hirenkumar Chaturbhi Sohaliya v. State of Gujarat

Gujarat HC1 Aug 2019SCA/7638/2018

Case brief

AI extract

What is this about?

This writ petition sought correction of the petitioner's surname from 'Chohaliya' to 'Sohaliya' in birth and academic certificates. Relying on precedent, the court held the authority could correct the error under statutory provisions as the change was innocuous and granted relief.

What did the court decide?

Directing Respondent No. 2 to correct the petitioner's surname in the birth certificate and issue a fresh copy within four weeks.

Hirenkumar Chaturbhi Sohaliya Vs State of… — Pension and Retirement Benefits | Gujarat HC (2019)

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C/SCA/7638/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 7638 of 2018

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=========================================================== HIRENKUMAR CHATURBHI SOHALIYA

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Versus

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STATE OF GUJARAT & 1 other(s)

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================================================================ Appearance:

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MR RAVI N SHAH(6513) for the Petitioner(s) No. 1 MR.SAHIL TRIVEDI, AGP, (99) for the Respondent(s) No. 1 DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2

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===============================================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 01/08/2019 ORAL ORDER

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[1] Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondent-State.

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[2] This petition is filed under Article 226 of the Constitution of India seeking direction upon the respondent No.2 to correct the surname of the petitioner i.e. “Sohaliya” instead of “Chohaliya” in the birth certificate, school leaving certificate as well as other academic Mark Sheets of standard 10^th and 12^th , Graduation and Post Graduation mark sheet and issue fresh with correct surname as shown in the Pan Card, Aadhar Card, Election Card and Passport.

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[3] It is the case of the petitioner that the Birth Certificate reflects the surname of the petitioner as “Chohaliya” instead of “Sohaliya” Accordingly, in the school leaving certificate,

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Page 1 of 3

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C/SCA/7638/2018 ORDER

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standard 10^th mark sheet, 12^th mark sheet, graduation and post-graduation market sheet his surname is wrongly mentioned as Chohaliya. However, in the other documents such as Pan Card, Aadhar Card, Election Card and Passport, the correct surname of the petitioner is mentioned and therefore, the present petition is filed to correct the surname of the petitioner in the above referred documents, in which the wrong surname has been mentioned.

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[4] When the matter is called out, learned advocate Mr. Ravi N. Shah appearing for the petition is absent, however, learned AGP appearing for respondent-State is present.

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[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 an unreported judgment in the case of Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri in Special Civil Application No.9564/2018 dated 07.01.2019 has issued directions. Considering 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 correct the error as prayed for. Besides, the correction sought is only an innocuous one and the petitioner does not

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Page 2 of 3

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C/SCA/7638/2018 ORDER

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seek to derive any undue advantage out of such a change.

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[6] In view of the aforesaid legal position, the present petition is allowed. The respondent No..2-Surat Municipal Corporation is directed to correct the surname of the petitioner as “Sohaliya” instead of “Chohaliya” in the birth certificate, within a period of four weeks of the receipt of writ of order of this Court. As a consequence of correction in the birth certificate, it will be open for the petitioner to file an application for similar correction in the other documents before the concerned authorities annexing all the relevant documents.

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[7] Rule is made absolute. Direct service is permitted.

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(A.Y. KOGJE, J)

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SIDDHARTH

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Hirenkumar Chaturbhi Sohaliya v. State of Gujarat

Case brief

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Hirenkumar Chaturbhi Sohaliya v. State of Gujarat

Case brief

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