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2025 DAILYLAW 163576 (ALL)

USAID KHAN MINOR THRU. FATHER AND NATURAL GUARDIAN MERAJ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND ANOTHER

WRIC/8906/2025 · 2025-09-10

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8906 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to correct the birth certificate issued on 22.10.2021 with the date of birth of the petitioner is 11.05.2011 and issue a fresh certificate with the corrected date of birth as 11.05.2010 as contained in Annexure No.1 to this writ petition, in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that registration of birth on 22.10.2021 has incorrectly recorded the petitioner's date of birth as 11.05.2011, actually it should be 11.05.2010. Hence this writ petition has been filed with the aforesaid prayer. 4. Counsel for the State/opposite parties has pointed out that birth certificate was issued on 22.10.2021 by the Registrar (Birth and Death), Nagar Palika Parishad Tanda and it was on the behest of the parents of the petitioner that registration was done since then four years have elapsed. 5. We find that in case the petitioner is aggrieved by wrong recording of Versus Counsel for Petitioner(s) : Mohd. Raziullah, Zartab Qamar Counsel for Respondent(s) : C.S.C., Sharad Dwivedi Usaid Khan Minor Thru. Father And Natural Guardian Meraj Ahmad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And Another .....Respondent(s) his date of birth, he has to move an application in this regard to Registrar (Birth and Death) concerned and the same should be decided in accordance with law. 6. This writ petition is disposed of with direction to the petitioner not only to give fresh application along with affidavit in support of his application for correction of date of birth but also documentary evidence e.g. any discharge certificate issued by the hospital, where he was born, in terms of Rule 11 of the U.P. Registration of Birth and Death Rules, 2002, to the Registrar (Birth and Death) concerned within ten days from today. If such an application is made, the same shall be considered in accordance with Section 15 of the aforesaid Act and appropriate order be passed in accordance with law within two weeks from the date of receipt of such application. September 10, 2025 Anupam S/- WRIC No. 8906 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench