Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50209 WP No. 9405 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 9405 OF 2025 (LB-BMP) BETWEEN:
KUMARI. SANAH SEERAPU REDDY D/O SRI SRIDHAR SEERAPU REDDY AGED ABOUT 8 YEARS RESIDING AT NO.24 4TH MAIN ROAD NEAR MAHALAKSHMI LAYOUT SWIMMING POOL, SHANKAR NAGAR BANGALORE-560 096
SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN / FATHER
SRI. SRIDHAR SERAPU REDDY S/O SEERAPU SITARAMA REDDY AGED ABOUT 48 YEAERS RESIDING AT NO.24, 4TH MAIN ROAD NEAR MAHALAKSHMI LAYOUT SWIMMING POOL, SHANKAR NAGAR BANGALORE-560 096 …PETITIONER (BY SRI. HARISH N.R, ADVOCATE) AND:
1.
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, BANGALORE-560 002
2.
THE ASSISTANT DIRECTOR,
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50209 WP No. 9405 of 2025
SOUTH ZONE, BBMP CORPORATION COMMERCIAL COMPLEX BUILDING, 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU-560 011
3.
THE DIRECTOR UIDAI (AADHAR) REGIONAL OFFICE KHANIJA BHAVAN, NO.49, 3RD FLOOR, SOUTH WING, RACE COURSE ROAD, BENGALURU-560 001
4.
THE STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001
[AMENDED AS PER THE COURT
ORDER DATED.25.04.2025] …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR R1 AND R2;
SRI. H.K. KENCHEGOWDA, AGA FOR R4;
VIDE ORDER DTD.01.04.2025, NOTICE TO R3 IS DEFERRED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT BEARING N.SANI(SA)/P.R/5287/2023-24 DATED 22.07.2024 PRODUCED AS ANNEXURE -K TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
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HC-KAR NC: 2025:KHC:50209 WP No. 9405 of 2025
ORAL ORDER The petitioner has challenged an endorsement bearing No.¸À¤(¸Á)/¦.Dgï/5287/2023-24 dated 22.07.2024 issued by the respondent No.2 refusing to change the name of the petitioner in the birth certificate. 2. The petitioner was born on 10.11.2016 and her name was mentioned as Sanah Seerapu Reddy at the time of her birth and the same was mentioned in the birth register, which was communicated to the respondent No.2 and accordingly, entries were made in the birth register showing the name of the petitioner as Sanah Seerapu Reddy. Thereafter, a request was made to change the name of the petitioner as Sunandini Karvatti Serapu in terms of a letter dated
23.01.2025. The parents of the petitioner then requested the respondent Nos.1 and 2 to change the name of the petitioner as stated above. However, the respondent No.2 issued an endorsement refusing the request of the petitioner by referring to Section 15 of the Registration of Births and Deaths Act, 1969 (henceforth referred to as 'the Act, 1969'). The petitioner contends that the respondents are bound to consider changing
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HC-KAR NC: 2025:KHC:50209 WP No. 9405 of 2025
the name of the petitioner, as there is no prohibition either under the Act, 1969 or under the Karnataka Registration of Births and Deaths Rules, 1999 (henceforth referred to as 'the Rules, 1999') for changing the name. The petitioner therefore prays that the impugned endorsement be quashed and the respondent No.2 be directed to effect changes as sought for in the representation dated 23.01.2025. 3. The learned counsel for the petitioner reiterated the above submissions and submitted that the issue is no longer res integra, as a similar question which arose for consideration in WP No.6370/2024 was disposed of, directing the respondent authorities to change the name of the child in the birth register. He therefore contends that this writ petition be also disposed of on similar terms. 4. Learned Additional Government Advocate on the other hand, submitted that following the directions issued by this Court in WP No.6370/2024, the State Government is mulling to amend the rules to enable change of the name of the child in the register. He therefore prays that the petition be deferred until the rules are framed. - 5 -
HC-KAR NC: 2025:KHC:50209 WP No. 9405 of 2025
5.
(i) As rightly contended by the learned counsel for the petitioner, a Co-ordinate Bench of this Court in WP No.6370/2024 had noticed the vacuum in the law regarding changing the name of a child in the birth register. A Co-ordinate Bench referred to Rule 10 of the Rules, 1999 and it was held that if no name is furnished at the time of registration of birth, the parent can within an outer limit of 15 years from the date of registration, furnish the name of the child and ensure that it is entered in the birth certificate. (ii) This Court therefore held that there is no provision under the Act or under the Rules, which provide for change of name, which is already registered and held that this is an anomaly which would create unnecessary hardship to the parents and to the child in case they desire to have the name changed. (iii) This Court also noticed the recommendation made by the Law Commission of Karnataka in its 24th report. However, the State Legislature has not taken the same seriously. This Court therefore directed the legislature to take necessary action pursuant to the recommendation of the Law
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HC-KAR NC: 2025:KHC:50209 WP No. 9405 of 2025
Commission in its 24th report. Contemporaneously, this Court had quashed the similar endorsement issued in that writ petition and directed the change of the name of the child as sought for. 6. Since the facts on hand are similar, the writ petition also deserves to be disposed off on similar terms, as in WP No.6370/2024. Hence, the impugned endorsement is quashed, the respondent No.2 is directed to change the name of the petitioner from Sanah Seerapu Reddy to Sunandini Karvatti Serapu. This shall be complied within a period of three months from the date of receipt of a copy of this order. 7.
After the change of the name in the birth certificate of the petitioner is granted, the petitioner is at liberty to approach the respondent No.3 for correction in the Aadhar card. The respondent No.3 shall take necessary steps in accordance with law. Sd/- (R. NATARAJ) JUDGE
BKN/List No.: 1 Sl No.: 17