- 1 - NC: 2025:KHC:10094 WP No. 23269 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 23269 OF 2023 (LB-BMP) BETWEEN: SMT. NIRMALADEVI W/O SHARAVAN KUMAR, AGED ABOUT 34 YEARS, RESIDING AT 17TH WARD, BAGEPALLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT - 561 207. …PETITIONER (BY SRI. VINAYAKA B. VISHNU BATTA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA , AMBEDKAR VEEDHI , BENGALURU - 560 001. 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU - 560 002. 3. ASSISTANT DIRECTOR (STATISTICS ) CUM REGISTRRAR OF BIRTHS AND DEATHS, BRUHAT BENGALURU MAHANAGARA PALIKE, BHASHYAM PARK, SAMPIGE ROAD, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10094 WP No. 23269 of 2023 MALLESHWARAM, BANGALORE - 560 003. 4. THE HEALTH OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE WEST, SHESHADRIPURAM, BANGALORE - 560 020. 5. SUPERINTENDENT K C GENERAL HOSPITAL, MALLESHWARAM BANGALORE - 560 003. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4; SRI. K.P. YOGANNA, AGA FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 13.06.2023 ISSUED BY THE R3 ANNEXURE-A AND QUASH THE ENDORSEMENT DATED 15.03.2023 ISSUED BY THE R5 ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of certiorari to quash the endorsement at Annexure - A issued by the Assistant Director (Statistics), BBMP to the - 3 - NC: 2025:KHC:10094 WP No. 23269 of 2023 effect that the rectification as sought for would result in changing the nature of the certificate issued which is impermissible in terms of Section 15 of the Registration of Births and Deaths Act, 1969 (hereinafter referred as 'Act' for short) and accordingly the representation of the petitioner came to be rejected. 2. The endorsement at Annexure - B is to the effect that any amendment to the full name would require furnishing of necessary documents and order from the Magistrate. Validity of both such endorsements are challenged to this Court. 3. It is the case of the petitioner that her husband was the son of late Kalidas who passed away on 23.04.2021 in KC General Hospital due to sudden illness. It is submitted that while the hospital was sending details to the respondent - BBMP the details sent in Form No.4 mentioned the name of the deceased as 'Sharavan Kumar' son of 'Taluram' and accordingly, the Death Certificate issued at Annexure - F had the name of Sharavan Kumar - 4 - NC: 2025:KHC:10094 WP No. 23269 of 2023 as name of the deceased and father's name as that the Taluram. It is however submitted that the name of the deceased though correct his father's name was wrongly mentioned. Reliance placed on the Aadhaar card at Annexure - D, the Permanent Account Number (PAN) card at Annexure - D1, wherein father's name is shown as 'Kalidas' and both such certificates have been issued prior to the date of death. 4. It is submitted that such mistake that crept in the death certificate is an error in 'form or substance' and could be rectified in terms of Section 15 of the Registration of Births and Deaths Act, 1969 R/w Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999. 5. Learned counsel for the respondent - BBMP submits that endorsement is issued taking note of the scope of Section 15 and Rule 11. 6. It must be noticed that in terms of Section 15 of the Act, the Registrar is conferred with the power to - 5 - NC: 2025:KHC:10094 WP No. 23269 of 2023 correct the error in 'form or substance' as regards any entry of death in the Register. 7. Section 15 of the Registration of Births and Deaths Act, 1969 reads as follows: "15. If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation." Rule 11(1) and (4) of the Karnataka Registration of Births and Deaths Rules, 1999 reads as follows: "11. Correction or cancellation of entry in the register of births and deaths: (1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him and if the register is in his possession, 4) If any person asserts that any - 6 - NC: 2025:KHC:10094 WP No. 23269 of 2023 entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 upon production by that person a declaration setting forth nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case. (4) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 upon production by that person a declaration setting forth nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case." 8. It could be stated that the mistake in description of the father of the deceased insofar as the same is shown as 'Taluram' instead of 'Kalidas'. Prima facie it is a mistake in form as contemplated under Section 15 of the Act. If that were to be so, subject to the rules there can be a rectification of correction as per the procedure prescribed. In terms of the Rule 11(1) and 11(4), the Registrar is conferred with the power to enquire - 7 - NC: 2025:KHC:10094 WP No. 23269 of 2023 into the matter and upon his satisfaction, order for rectification of the error and pass consequential directions to rectify the Register. 9. In the present case, taking note of the material placed before this Court, it could be stated that the error is one of form, taking note of the Aadhar card, Income Tax PAN card produced before this Court. Accordingly, endorsements are set aside and the Registrar is directed to follow the procedure under Section 15 read with Rule 11(1) and Rule 11(4) and enquire into the matter and pass appropriate orders without driving the petitioner to the courts of law. 10. Needless to state that the petitioner is to co-operate in the enquiry as contemplated under Rule 11(1) and Rule 11(4). 11. Enquiry to be completed within a period of two months from the date of receipt of certified copy of the order. - 8 - NC: 2025:KHC:10094 WP No. 23269 of 2023 12. Learned counsel for the petitioner submits that they would extend all co-operation in furnishing necessary documents and clarifications to enable enquiry as stipulated under Rule 11 to be taken to a logical end. Accordingly, the writ petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 40