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2022 Supreme(Guj) 274

R.M.CHHAYA, NIRAL R.MEHTA
Chhotekhan S. Baloch – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : J.G. Vaghela.
For the Respondents: Tirthraj Pandya, AGP.

JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the order dated 29.1.2021 passed by the learned Single Judge in Writ Petition being Special Civil Application no. 14885/19, the appellant-original petitioner has preferred this intra-Court appeal under Clause 15 of the Letters Patent.

2. Following facts emerge from the record of the appeal:-

    That the appellant was appointed as daily wager by the Forest Department in the year 1984. Record indicates that the benefit of Government Resolution dated 15.9.2014 were extended to the appellant in the year 2014 and at that juncture, the appellant was asked by the respondent no. 2 to furnish the proof of date of birth. It appears from the record that in absence of any record of the date of birth, the appellant approached the jurisdictional Civil Court under Section 13(3) of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as "the Act") and the said application was allowed and the learned Magistrate directed the authority to register the date of birth as 3.6.1969 and accordingly, the birth was recorded in the record of Village Mitha and birth certificate accordingly came to be issued. Record indicates that

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