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2025 DAILYLAW 59095 (KAR)

MISS HARANI D/O VINAYAK HAKKARAKI v. THE COMMISSIONER

WP/108920/2025 · 2025-12-03

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17181 WP No. 108920 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108920 OF 2025 (LB-RES) BETWEEN: MISS HARANI D/O VINAYAK HAKKARAKI, AGED ABOUT 05 YEARS, OCC. STUDENT, RESIDING AT VINAYAK PET, NEAR VINAYAK TEMPLE, NAVALGUND. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN-MOTHER SMT. SUNITA W/O VINAYAK HAKKARAKI, AGED ABOUT 28 YEARS, OCC. HOUSEHOLD, RESIDING AT VINAYAK PET, NEAR VINAYAK TEMPLE, NAVALGUND, DHARWAD DISTRICT. … PETITIONER (BY SRI. UMESH P. HAKKARAKI, ADVOCATE) AND: THE COMMISSIONER, HUBBALLI-DHARWAD CITY MUNICIPAL CORPORATION DIVISION-12, DHARWAD-580 001. … RESPONDENT (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ORDER QUASHING THE IMPUGNED ENDORSEMENT DATED 16.04.2025 VIDE BEARING NO.HDMC/VAKANO.12/2024-25 AT ANNEXURE-C ISSUED BY THE RESPONDENT HEREIN; ISSUE WRIT OF MANDAMUS OR ORDER, DIRECTING THE RESPONDENT TO MAKE NECESSARY CORRECTIONS IN THE BIRTH CERTIFICATE OF PETITIONER AND ISSUE FRESH BIRTH CERTIFICATE AND ETC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17181 WP No. 108920 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. The petition is filed seeking direction to the respondent to change the petitioner's name in the Birth Certificate marked at Annexure-A. 3. In the Birth Certificate, the petitioner's name is shown as ‘Harini Vinayak Hakkaraki’. The petitioner is represented by her father. The guardian has sought to change the name as ‘Haripriya’ instead of ‘Harini’. 4. Learned counsel for the petitioner would also submit that the respondent/Corporation has issued an endorsement on 16.04.2025 that such correction cannot be made unless the Court passes an appropriate order. - 3 - HC-KAR NC: 2025:KHC-D:17181 WP No. 108920 of 2025 5. Learned counsel for the petitioner would place reliance on the judgment of the Co-ordinate Bench of this Court in Master Adhrith Bhat v. Registrar of Births and Deaths1. 6. Learned counsel for the respondent does not dispute the proposition of law laid down in the said judgment and would also submit that the issue raised in the present petition is covered in terms of the law laid down in the said judgment. 7. Under the circumstances, the following: ORDER i. Writ petition is allowed. ii. Respondent is directed to make necessary corrections in the Birth Register and to record the name of the petitioner as ‘Haripriya’ instead of ‘Harini’ within two months from the date of receipt of copy of this order. iii. Rest of the entries in the Birth Certificate and Birth Register shall remain as it is. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK/CT:BCK 1 W.P.No.6370/2024