- 1 - NC: 2025:KHC-D:3915 WP No. 100732 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100732 OF 2025 (LB-RES) BETWEEN: MOHAMMAD SHAIZ S/O. THOUSIFAHAMED MULLA, AGE: 04 MONTHS OLD BY HIS NATURAL GUARDIAN FATHER, GPA HOLDER OF THOUSIFAHAMED MULLA MEHBOOB NADAF S/O. MOULASAB NADAF, AGE. 75 YEARS, OCC. BUSINESS, R/O. 1ST FLOOR, M.A. KUNNIBHAVI BUILDING, 3C, 83/6, BENGERI, HUBLI-580023. …PETITIONER (BY SRI. D.L.LADKHAN., ADVOCATE) AND: THE REGISTRAR OF BIRTH AND DEATH CUM THE HEALTH INSPECTOR/OFFICER HDMC ZONE-5, VIDYA NAGAR, HUBBALLI-580021, DIST. DHARWAD. …RESPONDENT (BY SRI. BHUSHAN KULKARNI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT WRIT OF MANDAMUS TO RECTIFY THE NAME IN THE ORIGINAL RECORD OF BIRTHS REGISTERED WITH REGISTRATION NO.803083/T/B/2024/009190 AT HUBLI-DHARWAD CITY CORPORATION ZONE-5, OF DHARWAD DISTRICT OF KARNATAKA STATE WITH RESPECT NAME OF THE PETITIONER AS “MOHAMMAD SHAIZ MULLA” AND NECESSARY CORRESPONDING ENTRIES IN EJANMA PORTAL AND TO NECESSARY DIRECTION BE ISSUED TO SUPPLY BIRTH CERTIFICATE WITH RECTIFIED NAME, IN THE INTEREST OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3915 WP No. 100732 of 2025 THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: “(1) To Issue any order or direction or writ in the nature of writ of mandamus directing the Respondent Writ of Mandamus to rectify the name in the original record of births registered with Registration No. 803083/T/B/2024/009190 at Hubli-Dharwad City Corporation Zone-5, of Dharwad District of Karnataka state with respect name of the Petitioner as "MOHAMMAD SHAIZ MULLA" and necessary corresponding entries in EJANMA Portal and to necessary direction be issued to supply birth Certificate with rectified name, in the interest of justice. (2) To issue any such other order or direction Quashing the endorsement at Reference No. meet the ends of justice.” 2. The petitioner is a minor represented by his maternal grandfather seeking for correction of the name of the petitioner as entered in the birth certificate issued by the respondent. 3. The submission of Sri D.L.Ladkhan., learned counsel appearing for the petitioner is that when details of the child were furnished through the hospital, mistakenly - 3 - NC: 2025:KHC-D:3915 WP No. 100732 of 2025 the name of the child had been shown as ‘Mohammad Aariz Mulla’. When in fact the name agreed upon between all the family members was ‘Mohammad Shaiz Mulla’. 4. In view of the said mistake, the birth certificate has now been issued as ‘Mohammad Aariz Mulla’ and it is in that background that the parents and grandparents had sought for correction of the name of the minor child, which came to be rejected by respondent on the ground that once a name has been entered into in the records and a certificate issued, no such rectification can be carried out without a decree being obtained from a competent Court. It is challenging same, the petitioner is before this Court. 5. A Co-ordinate Bench of this Court vide its’ order dated 06.02.2025 in WP No.6370/2024 has dealt with the manner and methodology of change of the name of correction as regards a birth certificate issued. The Co- ordinate Bench of this Court has held that it is a common practice for the name of the person to be - 4 - NC: 2025:KHC-D:3915 WP No. 100732 of 2025 changed due to various factors and a change in name ought to result in the birth certificate being issued with such change to name. 6. In that view of the matter, the submission made by Sri D.L.Ladkhan., learned counsel for the petitioner today dehors the contentions taken up by the petitioner in the petition submits that the name of the child was wrongly mentioned as ‘Mohammad Aariz’, when it had to be shown as ‘Mohammad Shaiz’ and as such, an application has been filed by the grandfather. He submits that affidavits of the family i.e., the mother, father, maternal grandfather, maternal grandmother, paternal grandfather and paternal grandmother, would also be submitted to place on record that the entire family is agreeable for the said change of name. 7. The contention of the learned counsel appearing for the respondent-Registrar of Birth and Death that a declaratory relief had to be obtained from the Court of law, in my considered opinion it would not be a viable - 5 - NC: 2025:KHC-D:3915 WP No. 100732 of 2025 option for a mere change of name, parties would have to be relegated to Court of law when there is infact no dispute. Thus, apart from the parties being forced to approach the Court of law, such kind of attitude would also result in unnecessary litigation. 8. The Corporation by taking into consideration the genuine and bona-fide request made by all the concerned ought to allow the change of name. 9. In that view of the matter, in view of the judgment of the Co-ordinate Bench of this Court, it would be required for the respondent-Corporation and the Register of Births and Deaths to give effect to such change in the name as deemed fit by all the family members. 10. Of course, once a new certificate is issued, the old certificate would have to be cancelled and necessary endorsement made on the old certificate and if even the QR code is scanned and the certificate is accessed, on such access it should be clearly indicated that the old certificate has been cancelled and a new certificate - 6 - NC: 2025:KHC-D:3915 WP No. 100732 of 2025 with the number of the certificate be mentioned so also necessary entries are required to be made in the e-janma portal. So there are no other future issues, which are caused in relation thereto. As such, I pass following: ORDER i) Writ petition is allowed. ii) A mandamus is issued directing the respondent to consider the application filed by the maternal grandfather of the petitioner as also the affidavits to be filed by the other near relatives as indicated supra and thereafter, issue a rectified birth certificate by canceling the birth certificate already issued as per the observation herein above made within a period of 30 days’ from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 14