Allowed

Bhavikkumar Vishnubhai Patel v. Gandhinagar Municipal Corporation

Gujarat HC13 Jul 2022SCA/3120/2022

Case brief

AI extract

What is this about?

In this special civil application, the court quashed an order rejecting a request to correct the father's name in a daughter's birth certificate. The rejection relied on a circular that had since been withdrawn. The court directed the respondent to pass a fresh order applying relevant rules and the cited precedent.

What did the court decide?

Impugned order dated 01.01.2022 quashed; respondent directed to pass fresh order on correction application within four weeks.

Bhavikkumar Vishnubhai Patel Vs Gandhinagar… — Civil Procedure and Limitation | Gujarat HC (2022)

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C/SCA/3120/2022 ORDER DATED: 13/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3120 of 2022

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

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BHAVIKKUMAR VISHNUBHAI PATEL

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Versus

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GANDHINAGAR MUNICIPAL CORPORATION

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

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MR KRUNAL G PATEL(8525) for the Petitioner(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 13/07/2022 ORAL ORDER

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Though served, none appears on behalf of the
respondent authority.

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1. RULE .

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2. In the present writ petition, the petitioner has assailed the order dated 01.01.2022, wherein and whereby, the request of the petitioner to make correction in his name in the birth certificate of her daughter from "Bhaveshkumar" to "Bhavikkumar" has been rejected by the respondent authority.

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3. The brief facts of the case are as under:

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3.1The daughter (Shruti) of the petitioner was
born at Village Randheja, Dist. Gandhinagar on
03.01.2006. At that time, some relatives of the
petitioner had gone to register the birth of the
daughter of the petitioner before the concerned
department of Birth and Death, which is
functioning under the State of Gujarat. By
mistake or genuine error, the father’s name of

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Page 1 of 4

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C/SCA/3120/2022 ORDER DATED: 13/07/2022

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the daughter of the petitioner was entered in the
Register of Birth and Death as "Bhaveshkumar",
which is wrong and at that time no one had taken
care to change the name "Bhavikkumar" in place of
"Bhaveshkumar" in the birth certificate of his
daughter.

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3.2The respondent authority registered birth of
the daughter of the petitioner vide Entry No.3 of
2006 on 16.01.2006 and the respondent authority
issued her birth certificate on 16.01.2006
mentioning father name as "Bhaveshkumar" in place
of "Bhavikkumar". After birth of daughter of the
petitioner, everyone in his family being unknown
about this genuine mistake regarding her name,
which is registered in the birth certificate and
the parents had entered her name "Shruti
Bhavikkumar Patel" in the Bank Passbook, Aadhar
Card and other relevant documents.

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3.3The petitioner is the father of his daughter
and his true and correct name is "Bhavikkumar",
which name is reflected in his all documents i.e.
Aadhar Card, Driving License, PAN Card, Bank Pass
Book, School Leaving Certificate and other
necessary documents. However, the petitioner is
also identified as "Bhavik" in his family and
friends circle.

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3.4The petitioner has filed an application on
24.12.2021 before the respondent authority, inter
alia, praying to correct his daughter's father

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Page 2 of 4

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C/SCA/3120/2022 ORDER DATED: 13/07/2022

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name as "Bhavikkumar" in place of "Bhaveshkkumar"
in her birth certificate and the petitioner had
submitted all necessary documents in support of
his application and the aforesaid application had
been inward on the very same day. However, the
respondent No.2, passed the impugned order dated
01.01.2022, whereby rejecting the request of the
petitioner as per Government Resolution dated
18.02.2016. Accordingly, the petitioner has
preferred the present petition challenging the
aforesaid order.

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4.Learned advocate for the petitioner has
submitted that the authorities, while placing
reliance on the circular dated 18.02.2016 issued
by the State authority, which has been
subsequently withdrawn by the State authority
vide order dated 02.12.2021 has rejected the
application of the petitioner. Thus, he has
submitted that the impugned order may be set
aside. He has placed reliance on the judgement of
the Coordinate Bench of this Court in the case of
Sejalben Mukundbhai Patel W/o Khodabhai Joitaram
Patel Vs. State of Gujarat, 2019 (3) GLR 1866.

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5.Under the circumstances and in light of the
undisputed facts, the impugned order dated
01.01.2022 passed by the respondent authority is
hereby quashed and set aside since the same is
premised on the circular dated 18.02.2016, which
has been subsequently withdrawn by the State
authority.

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Page 3 of 4

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C/SCA/3120/2022 ORDER DATED: 13/07/2022

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6.The respondent authority is directed to pass
a fresh order on the application filed by the
petitioner with regard to change of his name from
"Bhaveshkumar" to "Bhavikkumar" in the birth
certificate his daughter - Shruti. The respondent
authority shall specifically consider the
decision of this Court dated 16.01.2019 passed in
the case of Sejalben Mukundbhai Patel (supra) and
pass necessary order on the application filed by
the petitioner by following necessary procedure
as envisaged in Section 15 of the Registration of
Births and Deaths Act, 1969 read with Rule 11 of
the Gujarat Registration of Births and Deaths
Rules, 2004. Necessary order shall be passed and
communicated within a period of (04) four weeks
from the date of receipt of writ of the order of
this Court. It will be open for the petitioner to
file a fresh application.

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7. The present writ petition is allowed. Rule made absolute. Direct service is permitted.

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Sd/- (A. S. SUPEHIA, J)

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Bhavesh-[PPS]*

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Page 4 of 4

Bhavikkumar Vishnubhai Patel v. Gandhinagar Municipal Corporation

Case brief

What is this about?

What did the court decide?

Bhavikkumar Vishnubhai Patel v. Gandhinagar Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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