ARCHANA W/O BHARGAV D/O GIRISHKUMAR PATELversusSTATE OF GUJARAT

       C/SCA/3326/2026                            ORDER DATED: 04/05/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 3326 of 2026

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        ARCHANA W/O BHARGAV D/O GIRISHKUMAR PATEL
                              Versus
                   STATE OF GUJARAT & ANR.
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Appearance:
MR BHAVESH J PATEL(6801) for the Petitioner(s) No. 1
ANGESH PANCHAL AGP for the Respondent(s) No. 1
KUSHAL A DESAI(9435) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 04/05/2026

                              ORAL ORDER


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


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


3.      Present petition is filed by the petitioner under Article 226 of
the Constitution of India and under the provisions of the Birth and
Death Registration Act and under the Registration of Birth and Death
Act seeking the following reliefs:-


          (A) Your Lordships be pleased to issue appropriate writ, order
              or direction, quashing and setting aside the impugned act
              of the respondent No.2 for denial to issue fresh Birth
              Certificate with corrected date as being unjust, improper,


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     C/SCA/3326/2026                             ORDER DATED: 04/05/2026




              arbitrary, contrary to provisions of law and against the
              settled legal principles.

        (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, directing the
            respondents more particularly respondent No.2 to amend
            and / or correct the birth date of petitioner as 28/3/1989
            instead of 28/03/1990 in the birth certificate, as per other
            documents to this petition.

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


4.    Heard Mr.Patel, learned counsel for the petitioner, Mr.Panchal,
learned Assistant Government Pleader for respondent No.1 and
Mr.Desai, learned counsel for respondent No.2.


5.    Mr.Patel, learned counsel for the petitioner has submitted that
the petitioner was born on 28.03.1989 and at the time of registration
of the date of birth, the date of birth was correctly recorded as
28.03.1989, however, on merger of Ognaj Village into the Ahmedabad
Municipal Corporation and during the process of transfer and
computerization of records, due to administrative error on the part of
respondent authority, the date of birth of the petitioner was entered
as 28.03.1990 instead of 28.03.1989 and for correcting the birth date,
the petitioner has submitted an application along with relevant
documents wherein the date of birth was mentioned as 28.03.1989
and, therefore, it is required to be corrected in the birth certificate
issued by respondent No.2. He has submitted that the petition be
allowed and the respondent – authority be directed to decide the
representation and to correct the birth date and issue fresh certificate
to the petitioner.


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         C/SCA/3326/2026                                                                ORDER DATED: 04/05/2026




6.          Mr.Desai, learned counsel for respondent No.2 and Mr.Panchal,
learned Assistant Government Pleader for respondent No.1 have
opposed the petition and submitted that the Court may pass
appropriate orders.


7.          Considering the facts and circumstances of the case and the
submissions made on behalf of both the sides and the averments
made in the petition, this Court is of the opinion that the present
petition deserves to be disposed of directing the respondent –
authority to decide the representation made by the petitioner.


8.          In view of the above, the petition is allowed in part. The
respondent – authority is directed to decide the representation dated
09.01.2026 made by the petitioner in accordance with law within a
period of three months from the date of receipt of the copy of this
order after giving an opportunity of hearing to the petitioner. Rule is
made absolute to the aforesaid extent. Direct service is permitted.


                                                                      (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/05/2026 17:35:40




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