JUDGMENT

1. RULE returnable forthwith. Mr.Nikunj Kanara, learned Assistant Government Pleader waives services of notice of rule on behalf of the respondent – State Authorities.

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 the Births and Deaths Registrations Act, 1969 with the following reliefs:-

(A) Be pleased to allow this petition.

(B) 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 by quashing and setting aside the written communication / impugned order dated 15/21.12.2023 by directing the respondent no.2 authority for to amend and / or correct or mention the name of petitioner in the column of ‘father name’ as ‘Pareshbhai Jentibhai Makavana’ in place of ‘Pareshkumar Vallabhbhai Tilva’ in the birth certificate of Daughter of petitioner and to issue fresh birth certificates accordingly, in the interest of justice.

(B1) 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 by quashing and setting aside the written communication / impugned order dated 15/21.12.2023 by directing the respondent no.2 authority for to amend and / or correct or mention the name of petitioner in the column of ‘mother’s name’ as ‘Nehalben Makavana’ in place of ‘Nehalben’ in the birth certificate of Daughter of petitioner and to issue fresh birth certificates accordingly, in the interest of justice.

(C) To pass such other and further orders necessary in the interest of justice.

4. Short facts of the present petition are that wife of petitioner namely Nehalben earlier had married with one Pareshkumar Vallabhbhai Tilva and out of said wedlock, a daughter namely Anushree was born on 30.09.2015. That divorce took place between Nehalben and Pareshkumar Vallabhbhai Tilva on 02.03.2022 and both were separated through divorce deed by mutual consent and all responsibilities and custody of minor Anushree had taken by Nehalben and since then Anushree was residing with the wife of the present petitioner.

4.1 It is contended that wife of the petitioner and mother of minor daughter got married with petitioner – Pareshbhai Jentibhai Makavana and both husband and wife had adopted minor girl Anushree and Adoption Deed was executed between the parties, which came to be registered before the ofÏce of Sub Registrar at Manavadar. It is also contended that the variation in the name of father of minor child of the petitioner in different documents which creates difÏculties in their future and, hence, the petitioner has to got correction / replace the name of petitioner as father of minor girl instead of name of their biological father into the Birth Certificate by entering the name of petitioner in column of father’s name as “Pareshbhai Jentibhai Makavana” in place of “Pareshkumar Vallabhbhai Tilva”.

4.2 It is contended that the petitioner applied before respondent No.2 for correction of name of petitioner in column of father name in birth certificate, but the respondent No.2 has refused to accept his request on the ground that the order of the Competent Court is required for change or correction in the birth certificate and there is no any provision except the order of the Court and passed the order dated 15/21.12.2023.

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

6. Mr.Chintan Popat, learned advocate 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 the name of father and name of mother in the Birth Certificate. As such, the said respondent has failed to