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2008 Supreme(Guj) 69

ANANT S.DAVE
Nitaben Nareshbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Special Civil Application No. 23471/2007 :
Mr. Chetan K Pandya, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader, for the Respondent No. 1.
Ms. Jirga D. Jhaveri, for the Respondent No. 2.
Rule Not Recd Back, for the Respondent No. 3.
Special Civil Application No. 23616/2007 :
Mr. Bhunesh C. Rupera, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader, for the Respondent No. 1.
Mr. Dhaval Nanavati, for the Respondent No. 2.
Special Civil Application No. 21788/2077 :
Mr. Kirit Patel, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader for the Respondent No. 1.
Mr. Dhaval Nanavati, for the Respondent No. 2.
Special Civil Application No. 29164/2007 :
Mr. Pankaj Soni, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader, for the Respondent No. 1.
Special Civil Application No. 19896/2007 :
Mr. Kirit Patel, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader for the Respondent No. 1.
Special Civil Application No. 6352/2007 :
Mr. Niral Mehta, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader, for the Respondent No. 1.
Mr. Hemant Munsha, for the Respondent No. 2.
Special Civil Application No. 28336/2007 :
Mr. H.T.H. Hakim, for the Petitioner No. 1.
Mr. Satyam Chhaya, Asst. Government Pleader, for the Respondent No. 1.
Mr. HS. Munshaw, for the Respondent No. 2.

Judgment

Anant S. Dave, J.—Rule. Learned Advocates appearing for the respondents waive service of Rule in all these writ petitions.

2. All these writ petitions involve common question of law and submissions made by the learned Advocates appearing for the petitioners as well as respondents are almost similar in the context of the subject matter of the petition, all the writ petitions are decided finally by common order as agreed by all concern.

3. Before dealing with factual aspects, considering the nature of controversies about powers of competent authority under the Act to correct or cancel entry recorded in the register of Births and Deaths and to what extent correction and cancellation can be made in the said register, it is necessary to refer to statutory provisions of the Act, Rules and also guidelines framed by the respective Government in this regard.

3.01. All the writ petitions under Article 226 of the Constitution of India involves mainly three different statutes namely Registration of Births and Deaths Act, 1969 (Act of 18 of 1969), Regulation 12(A) of Gujarat Secondary Education Regulation, 1974 framed in exercise of power conferred by Section 54 of the Gujarat Secondary E











































































































































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