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2022 Supreme(Guj) 1179

NIRZAR S. DESAI
Nayak Jigeneshkumar Manubhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DIVYA P BHATT, MR MANGAL V GADHAVI
For the Respondent: MR HARDIK MEHTA,

ORDER :

1. Leave to amend prayer clause is granted.

Amendment be carried out forthwith.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order/communication dated 25.10.2021 passed by respondent No.2 and to direct the respondent authority to consider application of the petitioner for making necessary correction in the birth certificate.

3. With the consent of learned advocates for the parties, the matter is taken up for hearing. Though served, no one appears for the respondent No.2 authority, which is empowered to make necessary correction. Mr. Mehta, learned AGP is directed to ensure that the present order be implemented by respondent No.2.

4. Rule. Mr.Mehta, learned AGP waives service of notice of rule for respondent No.1.

5. It is the case of the petitioner that actual name of the petitioner is Jigneshkumar and actual name of mother of petitioner is Kailashben, however, in the birth certificate of the petitioner, name of the petitioner is mentioned as Babubhai and mother of the petitioner is mentioned as Kayilashben.

5.1 In support of his case, the petitioner has produced on record various documents

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