The Court in fact slated the matter for dictating order. However it transpired that there exists a circular dated 12/8/2009, and learned counsel for the petitioner placed the same on record after taking some time. Now, as per the circular, the State has issued directions to all the concerned Registrars that when the name of a child is shown in the Birth Register and thereafter name is changed and in all other official record contains changed name, then, after due verification same shall be taken into consideration under the provision of Section 15 of Registration of Births & Deaths Act 1969 and the Rules 2004.
Learned counsel has invited this Court's attention to two orders dated 12/8/2011 and 7/11/2011, where under nowhere it is reflected that the circular dated 12/8/2009 was ever considered.
Learned AGP Mr. Soni appearing for the respondent State could not controvert the fact that there exists this circular and admittedly there is no reference to the circular in both the orders and therefore, those orders shall be of no avail, as it can be said that those orders were passed in ignorance of circular placed on record.
This Court is of the considered view that, without going into further merits of the matter, suffice it to say that the orders impugned dated 12/8/2011 and 7/11/2011 are hereby quashed and set aside only on the ground that there exists non application of mind while rejecting application in respect of the circular dated 12/8/2009, the same ought to have been taken into consideration by the authority for arriving at an appropriate conclusion. Therefore, these two orders are quashed and respondent authority is directed to consider the application of the petitioner that may be filed hereafter, within a week ,in accordance with Section 15 of Registration of Births & Deaths Act, 1969 and Rules 2004 and the same shall be disposed of within a reasonable time, preferably within sixty (60) days from the date of receipt thereof by passing speaking order.
Learned counsel for the petitioner, seeks the permission to withdraw this petition in view of the aforesaid observations. Permission as sought for is granted. Petition is disposed of as withdrawn. The Court has not opined anything on merits. Aforesaid two orders have been quashed and therefore it would be open to the petitioner to approach the authority with fresh application, which shall be considered by the authority as aforesaid. Liberty reserved to file fresh petition in case of difficulty. No costs.
[ S.R. BRAHMBHATT, J ] /vgn Top