JUDGMENT :

1. Rule returnable forthwith. Mr.Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent no. 1 State and Ms. Nayana Panchal, learned advocate waives service of notice of rule for and on behalf of the respondent no.2.

2. Having regard to the controversy involved in the present case which lies in a very narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.

3. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed that the order dated 16.01.2017, passed by the Talati-cum-Mantri, Mundrada Gram Panchayat, Taluka and District: Mehsana be quashed and set aside and further prayed to direct the respondent no.2 to correct the date of birth of the petitioner in the certificate and register of birth.

4. The brief facts of the case are that the petitioner was born at Akhaj Village on 28.04.1976. However, the respondent no.2 Talati-cum-Mantri erroneously recorded the date of birth of the petitioner as 28.08.1976 instead of 28.04.1976 in the Register of Birth to be maintained under the provisions of the Regi