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2022 Supreme(Guj) 1407

NIRZAR S. DESAI
Chandrikaben Bharatkumar Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Tejas P Satta
For the Respondent: Mr Hardik Mehta AGP

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 18.06.2021 passed by the Respondent No.3 and has further prayed for changing the name of petitioner in her birth record as “Chandrikaben” from “Chandraben” and the date of birth of the petitioner from “03.12.1967” to “01.06.1967”.

2. Considering the short issue on hand by consent of the parties, matter is taken up for final hearing. Hence, Rule. Learned Assistant Government Pleader waives service on behalf of Respondent Nos.1 and 2 – State Authorities. As far as Respondent No.3 is concerned, despite the service of notice Respondent No.3 has not appeared. The Respondent Nos.1 and 2 are competent to direct Respondent No.3 to pass necessary orders pursuant to the order passed by this Court and, therefore, even in absence of Respondent No.3 matter was heard finally.

3.1 It is the case of the petitioner that actual date of birth of the petitioner is ‘01.06.1967’ whereas in the column no.3 of birth certificate of the petitioner, it is wrongly stated as 03.12.1967. Similarly, the actual name of the petitioner viz. Chandrikaben whereas in

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