MULJIBHAI VALJIBHAI KATHAROTIYA vs. REGISTRAR OF BIRTHS AND DEATHS

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SCA/6463/2019HC GujaratGJHC24022155201903 May 2019Bench: HONOURABLE MR. JUSTICE A.Y. KOGJE2 pages
AI SummaryRemanded

What did the High Court hold?

The Tribunal held that the Registering Authority does have the power to correct errors in the date of birth on a Birth Certificate. The Court referred to Section 15 of the Registration of Births and Death Act, 1969, and Rule 11 of the Gujarat Registration of Birth and Death Rules, 2004. Citing previous judgments of the High Court in similar circumstances, including Madhavi Sandip Patel v. Registrar – Birth and Death Department, Nitaben Nareshbhai Patel v. State of Gujarat, and an unreported judgment in Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri, the Court concluded that the Registering Authority is empowered to make the requested correction. Consequently, the Court directed the respondent No.1 (Registrar of Births and Deaths) to re-consider the petitioner's application for rectification of his date of birth within one month of receiving the Court's order, after providing the petitioner an opportunity of being heard. The petition was disposed of with this direction.

What were the facts?

The petitioner, Muljibhai Valjibhai Kathrotiya, filed a Special Civil Application seeking a direction to correct his date of birth on his Birth Certificate. The certificate erroneously states his date of birth as '01.07.1980', while his actual date of birth is '19.06.1980'. The petitioner's correct date of birth is corroborated by other documents, including his School Leaving Certificate, Income Tax PAN Card, Election Identity Card, Aadhar Card, and License. The respondent, Registrar of Births and Deaths, rejected the petitioner's application for correction, stating that the authority lacked the power to make such corrections. This petition challenges the rejection of the application by the respondent.

What were the issues?

1. Whether the Registering Authority has the power to correct an error in the date of birth mentioned in a Birth Certificate under the Registration of Births and Death Act, 1969 and the Gujarat Registration of Birth and Death Rules, 2004? Assessee's Contention: The petitioner argued that the Registering Authority does possess the power to correct such errors. The petitioner relied on the judgment of this Court in Madhavi Sandip Patel v. Registrar – Birth and Death Department (2015(2) GLR Page 1416) and other cited cases, Nitaben Nareshbhai Patel v. State of Gujarat (2008 (1) GLR 884) and an unreported judgment in Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri (Special Civil Application No.9564/2018 dated 07.01.2019). Revenue's Contention: The respondent rejected the application stating that the authority has no power to make the correction as sought for. No specific legal provisions or precedents were cited by the revenue in the judgment.

Which sections of the Income-tax Act were involved?

Section 15

AI-generated summary — verify with the full judgment below

C/SCA/6463/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6463 of 2019 =========================================================== MULJIBHAI VALJIBHAI KATHAROTIYA Versus REGISTRAR OF BIRTHS AND DEATHS ================================================================ Appearance: MR SHAKEEL A QURESHI(1077) for the Petitioner(s) No. 1 NOTICE SERVED BY DS(5) for the Respondent(s) No. 2 MR DHAWAN JAYSWAL, ASSISTANT GOVERNMENT PLEADER for the Respondent No.1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 03/05/2019 ORAL ORDER 1. This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioner for mentioning the correct date of birth of the petitioner. 2. It is the case of the petitioner that the Birth Certificate reflects the date of birth of the petitioner as '01.07.1980' whereas the real date of birth of the petitioner is '19.06.1980'. Learned Advocate for the petitioner states that the other documents pertaining to his date of birth like School Leaving Certificate, Income Tax PAN Card, Election Identity Card, Aadhar Card and License reflects the correct date of birth of the petitioner. 3. To remove this discrepancy, the petitioner had made an application to respondent No.1. However the respondent No.1 rejected the application of the petitioner stating that the authority has no power to make the correction as sought for. Page 1 of 2

C/SCA/6463/2019 ORDER 4. Learned Advocate draws attention of this Court to the judgment of this Court dated 24.11.2014 in the case of Madhavi Sandip Patel v. Registrar – Birth and Death Department reported in 2015(2) GLR Page 1416. 5. In identical facts situation this Court in the judgment in the case of Nitaben Nareshbhai Patel v. State of Gujarat reported in 2008 (1) GLR 884 and an unreported judgment in the case of Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri in Special Civil Application No.9564/2018 dated 07.01.2019 has issued directions. Considering the ratio of the aforesaid judgments, it is clear that the Registering Authority is within its power under Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004, to correct the error as prayed for. 6. In view of the aforesaid legal position, it would be appropriate to direct the respondent No.1 to re-consider the application of the petitioner for rectifying the mistake and correcting the date of birth as mentioned in this petition, within a period of one month after receipt of writ of the order of this Court, after affording an opportunity of hearing to the petitioner. 7. With the aforesaid direction, this petition stands disposed of. Notice is discharged. Direct Service is permitted. Sd/- (A.Y. KOGJE, J) Caroline Page 2 of 2

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