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2025 DAILYLAW 86229 (KAR)

HAYAAN GOWDA v. THE REGISTRAR OF BIRTHS AND DEATHS AND ADDITIONAL DIRECTOR

WP/36142/2025 · 2025-12-11

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52470 WP No. 36142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 36142 OF 2025 (LB-BMP) BETWEEN: HAYAAN GOWDA S/O. LATE ASHWIN B R, AGED ABOUT 2 YEARS, R/AT. NO.25, DOOR NO.151, HESARAGHATTA MAIN ROAD, KODAGITIRUMALAPURA, VTC, KODAGI THIRUMALAPURA, POST, HESARAGHATTA LAKE BANGALORE-560089 SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER A.C. TEJASWINI W/O LATE ASHWIN B.R. AGED ABOUT 30 YEARS, R/AT. NO.25, DOOR NO.151, HESARAGHATTA MAIN ROAD, KODAGITIRUMALAPURA, VTC, KODAGI THIRUMALAPURA, POST HESARAGHATTA LAKE BANGALORE-560089 …PETITIONER (BY SRI. HARISH SHIRALAKOPPA, ADVOCATE) AND: 1. THE REGISTRAR OF BIRTHS AND DEATHS AND ADDITIONAL DIRECTOR DIRECTORATE OF ECONOMICS AND STATISTICS, 7TH FLOOR, VISHVESHWARAYA MAIN TOWER, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52470 WP No. 36142 of 2025 2. THE ASSISTANT DIRECTOR (STATISTIC) RAJARAJESHWARI NAGAR ZONE BBMP, BENGALURU-560098. …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT "SANKE.SA.NI.(SAM) RARANAVA/PR/1197/2025/26" DATED 19.11.2025 ISSUED BY 2ND RESPONDENT AS FOUND AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the endorsement bearing No.¸À.¤(¸Á)/gÁgÁ£ÀªÀ/¦.Dgï/197/2025-26 dated 19.11.2025 issued by the respondent No.2 refusing to change his name in the birth certificate. He has also sought for a direction to the respondent No.2 to consider his representation dated 25.10.2025 and change his name as per the affidavit. - 3 - HC-KAR NC: 2025:KHC:52470 WP No. 36142 of 2025 2. The petitioner was born on 08.01.2023 at Atreum hospital, Bengaluru. When the birth was reported for registration, the petitioner's name was registered as 'Hayaan Gowda' and the same was entered in the birth certificate issued on 05.04.2023. Subsequently, the petitioner submitted representation dated 28.10.2025 for change of his name as 'Hemanth A.R.'. Respondent No.2 however, issued an endorsement dated 19.11.2025 stating that such change is not permissible under Section 15 of the Births and Deaths Act, 1969. Being aggrieved by the said endorsement, the petitioner is before this Court. 3. The learned counsel for the petitioner contends that an identical issue was considered in W.P.No.6370/2024, wherein a Coordinate Bench of this Court after examining Rule 10 of the Karnataka Registration of Births and Deaths Rules, 1999, held that when no name is furnished at the time of registration of birth, the parent is entitled, within an outer limit of 12 months from the date of registration, to furnish the name of the child and ensure that it is entered in the birth register. However, in cases where the name of the child is already furnished at the time of birth, there is no provision either under - 4 - HC-KAR NC: 2025:KHC:52470 WP No. 36142 of 2025 the Births and Deaths Act, 1969 or under the Karnataka Registration of Births and Deaths Rules, 1999 which provide for change of name. This Court also noticed the recommendation made by the Law Commission of Karnataka in its 24th Report suggesting amendment to the Act and Rules, which is not acted upon by the registering authorities. In the said circumstances, a Coordinate Bench quashed a similar endorsement and directed correction of the name of the child in the register of births and issuance of a corrected birth certificate. 4. The learned counsel for the respondents do not dispute that the facts of this case are concerned on all forms by the judgment of a Co-ordinate bench of this Court, referred supra. 5. In that view of the matter, this writ petition is allowed on similar lines as in W.P.No.6370/2024. The impugned endorsement dated 19.11.2025 issued by respondent No.2 is quashed. The respondent No.2 is directed to change the name of the petitioner as 'Hemanth A.R.' in the birth register and issue fresh birth certificate in the changed - 5 - HC-KAR NC: 2025:KHC:52470 WP No. 36142 of 2025 name. This shall be done within a period of one month from the date of receipt of a certified copy of this order. 6. The learned Additional Government Advocate as well as learned counsel for respondent No.2 are permitted to file memo of appearance within a period of 10 days from today. Sd/- (R. NATARAJ) JUDGE BKN/HJ List No.: 1 Sl No.: 35