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2002 Supreme(Guj) 761

A.M.KAPADIA
DIPIKA ARVINDKUMAR PANCHOLI – Appellant
Versus
STATE – Respondent


Advocates Appeared: DARSHANA PANDIT, DHIRENDRA MEHTA, HRIDAY BUCH

A. M. KAPADIA, J.

( 1 ) BY means of filing this petition under Article 226 of the Constitution, petitioner challenges the action of respondent No. 2, that is, the Registrar of Births and Deaths Registration Department, Navsari Municipality, in not acceding to the request of the petitioner in registering her name in the Birth Certificate by misinterpreting the provisions of the Registration of Births and Deaths Act, 1969 (the Act for short) and the Gujarat Registration of Births and Deaths (Amendment) Rules, 1985 (the Rules for short) and, therefore, prayed to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction by directing the respondent - authorities to register the name of the petitioner in the Births Register in Column No. 1 of the Birth Certificate at Annexure -C to the petition by declaring the action and interpretation of the respondent - authorities to be illegal, arbitrary and unconstitutional.

( 2 ) THE facts leading to the filing of the present petition briefly stated are as under:2. 1. It is the case of the petitioner that she is the daughter of Arvindkumar J Pancholi and Minaxiben Arvindkumar Pancholi and was born


















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