PATEL JAGRUTIBEN KALPESHBHAIversusSTATE OF GUJARAT
- Disposal
- RULE ISSUED AND PARTLY ALLOWED
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is allowed in part, directing the petitioner to approach the nearby civic centre for the correct birth certificate.
Summary
Petitioner Patel Jagrutiben filed a Special Civil Application under Article 226 of the Constitution and the Birth and Death Registration statutes seeking a fresh birth certificate for a 1974 birth, alleging that the authorities had not processed her applications dated 05.02.2026 and 09.03.2026. Respondent No.2 (the municipal authority) explained that it required information from the Record Keeper of the Ahmedabad Municipal Corporation and, after obtaining it, advised the petitioner to approach the nearby civic centre for the certificate. The Court examined the submissions and found that the petitioner could obtain the correct certificate by following the authority’s direction. Accordingly, the Court allowed the petition in part, directing the petitioner to approach the nearby civic centre and permitting her to file a fresh petition if difficulties arise. No mandamus was issued; the order is limited to the specific relief sought.
Issues considered
- Whether the municipal authority is obligated to issue a fresh birth certificate to the petitioner under the Birth and Death Registration Act.
- Whether a writ of mandamus or any other writ can be issued directing the authority to grant the applications dated 05.02.2026 and 09.03.2026.
- Whether the petitioner must be directed to approach a nearby civic centre for obtaining the certificate.
Subjects
Judgment
C/SCA/4675/2026 ORDER DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4675 of 2026
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PATEL JAGRUTIBEN KALPESHBHAI
Versus
STATE OF GUJARAT & ANR.
==========================================
Appearance:
MR YH VYAS(1001) for the Petitioner(s) No. 1
MR ANGESH PANCHAL AGP for the Respondent(s) No. 1
MR KUSHAL DESAI 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) This Hon’ble Court may be pleased to issue writ of
mandamus or in the nature of mandamus or any other
appropriate writ order or direction, directing the
respondent No.2 to grant the application dated
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C/SCA/4675/2026 ORDER DATED: 04/05/2026
05.02.2026 and dated 09.03.2026 in favour of the
petitioner and to issue fresh birth certificate to the
petitioner.
(B) Pending admission, hearing and final disposal of this
Special Civil Application, this Hon’ble Court may be
pleased to direct the respondent No.2 to grant the
application dated 05.02.2026 and dated 09.03.2026 in
favour of the petitioner and to issue fresh birth certificate
to the petitioner.
(C) Ex-parte ad-interim relief in terms of prayer (B) above
may kindly be granted.
(D) This Hon’ble Court be pleased to pass such other and
further order/s as deemed fit, just and proper by this
Hon’ble Court.
4. Mr.Desai, learned counsel has submitted that he appeared on
behalf of respondent No.2 on advance copy and further submitted
that he tendered a copy of the communication dated 24.03.2026
whereby respondent No.2 has sought necessary information from the
Record Keeper, Record Department, Ahmedabad Municipal
Corporation with regard to birth certificate since it was of the year
1974, so respondent No.2 is unable to have necessary details and
information with regard to the birth date record. He has submitted
that in response thereto, respondent No.2 addressed a
communication dated 13.04.2026 in favour of the petitioner that in
view of the necessary information received by respondent No.2 let the
petitioner may approach nearby civic centre and apply for the copy
thereof.
7. Having heard learned counsel for the respective parties and
considered the facts and circumstances of the case and the
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C/SCA/4675/2026 ORDER DATED: 04/05/2026
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
petitioner may approach the nearby civic centre for getting correct
birth certificate along with the details as provided by the Record
Keeper. Rule is made absolute to the aforesaid extent. Direct service
is permitted. It is open for the petitioner, in case of any difficulty, she
may file fresh petition in accordance with law.
(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 17:37:36
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