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VAIBHAVI D. NANAVATI
Dineshbhai Jerambhai Bhesaniya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. By way of present petition, the petitioner herein has prayed for the following reliefs:
(B) Your Lordships may be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the order dated 21.06.2023, annexed at Ann. A, passed by respondent no. 2 and further be pleased to direct the respondent authorities to correct the Date of Birth of petitioner's daughter - Radhika from "23.09.1998" to "23.08.1998" in Birth Certificate and further be pleased to direct the respondent authorities to provide amended Birth Certificate.
(C) Your Lordships may be pleased to grant such other and further relief that is just, fit and expedient in the facts and circumstances of the case."
2. Heard Mr. Hardik Muchhala, the learned advocate appearing for the petitioner, Mr. Ramesh Chauhan, the the learned advocate appearing for respondent No.2 and Ms. Dhwani Tripathi, the learned AGP appearing for respondent No.1.
3. The petitioner herein applied for correction in date of birth in the birth certificate of petitioner's daughter Radhika's
Statutory provisions override circulars, and authorities must initiate necessary inquiry as per the relevant legal provisions for correcting birth certificate entries.
The legal framework under Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 empowers the authorities to make corre....
A birth certificate registered pursuant to a judicial decree cannot be amended by administrative authorities unless the underlying decree is modified or set aside by a competent court.
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