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2026 DAILYLAW 6392 (GUJ)

GAURAVKUMAR AMRUTLAL GONDALIYA v. SURAT MUNICIPAL CORPORATION

SCA/15205/2025 · 2026-03-10

Hemant M Prachchhak

body2026

Judgment text

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C/SCA/15205/2025 JUDGMENT DATED: 10/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15205 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================== Approved for Reporting Yes No -- No ========================================== GAURAVKUMAR AMRUTLAL GONDALIYA Versus SURAT MUNICIPAL CORPORATION & ANR. ========================================== Appearance: MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1 MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1,2 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 10/03/2026 ORAL JUDGMENT 1. RULE returnable forthwith. Mr.Kaushal Pandya, learned counsel waives services of notice of rule on behalf of the respondents. 2. With the consent of learned counsel appearing for the respective parties, the present petition is taken up for 9nal hearing. 3. Present petition is 9led by the petitioner under Article 226 of the Constitution of India and under the provisions of the Births and p. 2 C/SCA/15205/2025 JUDGMENT DATED: 10/03/2026 Deaths registrations Act, 1969 with the following reliefs:- (A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned decision dated 31.07.2025 issued by respondent No.2 and further be pleased to direct the respondent No.2 authority to issue fresh birth certi.cate to the son of the petitioner after making necessary correction in the ‘Name’ column as per the application dated 11.07.2025 submitted by the petitioner herein. (B) During the pendency and .nal disposal of the present petition YOUR LORDSHIPS may be pleased to direct the respondent No.2 to issue fresh birth certi.cate to the petitioner after making necessary correction in the ‘Name’ column as per the application dated 11.07.2025 submitted by the petitioner herein. (C) Pass any such other and/or further orders that may be thought just and proper in the fats and circumstances of the present case. 4. Short facts of the present petition are that the son of the petitioner was born on 14.03.2022 at Surat, for which the birth certi9cate was issued by respondent No.2, however, in the said certi9cate, the name of son of the petitioner is mentioned as “Devin” instead of “Ram”. That the petitioner had corrected the name in the Government Gazette, wherein the name of his son is changed from “Devin” to “Ram”. 4.1 The petitioner had made an application for correction in the name of his son in the birth certi9cate on 11.07.2025, but the same came to be rejected by respondent - authority. Page 2 of 3 C/SCA/15205/2025 JUDGMENT DATED: 10/03/2026 5. Being aggrieved and dissatis9ed with the in action on the part of the respondent – authority, the present petition is 9led. 6. Having heard learned counsel appearing for both the sides and considered the averments made in the petition and considered the decisions of this Court as mentioned in the petition, it appears that the son of the petitioner was born on 14.03.2022, for which the birth certi9cate was issued by respondent – authority, but the name of the son of the petitioner was wrongly mentioned as “Devin” instead of “Ram” and, thereafter, the petitioner made an application before the respondent – authority for correcting the name of his son in the birth certi9cate, however, the same came to be rejected and, therefore, this petition is 9led. Considering the facts of the case and decisions of this Court, let the petitioner may prefer an application before the concerned authority within a period of four weeks. 7. In view of the aforesaid facts and circumstances of the case, the petitioner shall prefer an application before the respondent – authority within a week and the respondent – authority shall decide an application as early as possible preferably within a period of four weeks in accordance with law and after considering the decisions of this Court. 8. With the aforesaid direction, the present petition is disposed of accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL