IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5713 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================

Approved for Reporting Yes No ✔

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RAMESHBHAI NANUBHAI DUNGARANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MS PRAGATI PATWA FOR THAKKAR AND PAHWA ADVOCATES(1357)

for the Petitioner(s) No. 1 MR VAIBHAV SHARMA AGP for the Respondent(s) No. 1 MS CHAITALI DAVE for the Respondent(s) No. 2 ==========================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 16/04/2026

ORAL JUDGMENT

1. RULE returnable forthwith. Learned counsel waives service of notice of rule on behalf of the respective respondents..

2. With the consent of learned counsel appearing for the respective parties, the present petition is taken up for final hearing.

3. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of Section 15 of the Registration of Births and Deaths Act seeking the following prayers.

(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the decision / order dated 10.1.2025 passed by respondent No.2 and further be pleased to direct the respondents to forthwith carry out correction in respect of birth date of the petitioner’s daughter as “7.8.2001” instead of incorrect birth date being “12.10.2001” in the birth certificate / register and consequentially give directions to issue fresh birth certificate of petitioner’s daughter containing the correct birth date, in the interest of justice.

(B) Pending the admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to stay the implementation, operation and execution of order dated 10.1.2025 passed by respondent No.2 and further be pleased to direct the respondents to carry out correction in respect of birth date of the petitioner’s daughter as “7.8.2001” instead of incorrect birth date being “12.10.2001” in the birth certificate / register and consequentially give directions to issue fresh birth certificate of petitioner’s daughter containing the correct birth date, in the interest of justice.

(C) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed fit, in the interest of justice and equity.

4. Short facts of the present case are that the family members of the petitioner registered the birth date of petitioner’s daughter as 12.10.2001 instead of 07.08.2001 in the birth register. The petitioner has made representation along with school leaving certificate and affidavit of the petitioner before respondent No.2 requesting to correct the birth date of petitioner’s daughter, however, respondent No.2 refused to make correction in respect of birth date of petitioner’s daughter on the ground that there was no mistake or error in registering the birth of petitioner’s daughter and, therefore, the present petition is filed.

5. Being aggrieved and dissatisfied with inaction on the part of the respondents – authority, the present petition is filed.

6. Learned counsel for the petitioner, has submitted that the impugned order passed by respondent No.2, deserves to be quashed and set aside as the said respondent has not exercised the jurisdiction vested upon him to correct the date of birth of the petitioner’s daughter in the Birth Certificate. As such, the said respondent has failed to discharge his statutory duties and to exercise the power conferred upon him by way of the statute, which has resulted in serious miscarriage of justice.

6.1 It is submitted that this issue is no longer res integra and this Court has, in the case of Nitaben Nareshbhai Patel Vs. (The) State of Gujarat and Others, reported in 2008 (1) GLH 556, held that when the Competent Authority fails to exercise the pow