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2026 DAILYLAW 42670 (KAR)

MISS DELANEY GRACE CRASTA v. STATE OF KARNATAKA

WP/26823/2026 · 2026-09-23

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010585082026 NC: 2026:KHC:52670 WP No. 26823 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26823 OF 2026 (GM-RES) BETWEEN: 1. MISS DELANEY GRACE CRASTA D/O SRI. HERMAN PREETHAMCRASTA, AGED ABOUT 17 YEARS, MINOR REPRESENTED BY HER NATURAL GUARDIAN AND FATHER SRI. HERMAN PREETHAM CRASTA, AGED ABOUT 39 YEARS, RESIDING AT NO.44, T.H.P. VENUGOPAL LAYOUT, 5TH MAIN, SBM COLONY, HEBBAL, ANAND NAGAR, H.A. FARM, BENGALURU NORTH, BENGALURU 560024 …PETITIONER (BY SRI. RITHISH D NAIK.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS 7TH FLOOR, VISHVESHWARAYA MAIN TOWER DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560001 2. THE ASSISTANT DIRECTOR (STATISTIC) REGISTRAR OF BIRTHS AND DEATHS GREATER BANGALORE AUTHORITY (WEST) - - 2 - HC-KAR CNR: KAHC010585082026 NC: 2026:KHC:52670 WP No. 26823 of 2026 GBA BHASHYAM PARK, SAMPIGE ROAD, MALLESHWARAM BANGALORE 560020 …RESPONDENTS (BY SRI. SHIVAREDDY V, AGA FOR R1 SMT. REKHA K R, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT O CERTIORARI OF SIMILAR OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. DATED 13.08.2026 ISSUED BY RESPONDENT NO.2 PRODUCED AS ANNEXURE-J ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) issue a writ of Certiorari or similar other appropriate writ, order or direction to quash the impugned endorsement bearing Nos.¸À.¤(¸ÁA)¥À/d/ªÀÄ/¦Dgï/68/26-27 dated 13.08.2026 issued by Respondent No.2 produced as Annexure-J. b) issue a writ of Mandamus directing Respondent No.2 to consider the petitioner application dated 01.08.2026 at Annexure-H to change the name of the petitioner in terms of the order in W.P.No.100101/2026 dated 16.02.2026 at Annexure-K. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010585082026 NC: 2026:KHC:52670 WP No. 26823 of 2026 c) grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of -justice and equity." 2. It is the case of the petitioner that at the time of her birth, her name was recorded as "Mokshitha H Crasta". Subsequently, the name of the petitioner was changed as "Delaney Grace Crasta". That requisite formalities for change of name have been complied with including publication in the Gazette as well as newspaper. 3. The petitioner made an application/representation dated 01.08.2026 (Annexure-H to the writ petition) to respondent No.2 - Registrar of Births and Deaths. Respondent No.2 issued an endorsement dated 13.08.2026 (Annexure-J to the writ petition) not acceding to the request of the petition. Being aggrieved, the present writ petition is filed. 4. Learned counsel for the petitioner seeking for relief as sought for in the writ petition relies upon a Coordinate Bench judgment of this Court in the case of Suhas L. s/o Late Lokesh H.P v. Chief Registrar Births and Deaths and Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010585082026 NC: 2026:KHC:52670 WP No. 26823 of 2026 others1, as well as in the case of Smt. Suvarna v. The Commissioner & Anr.,2 (Annexure-K to the writ petition). 5. Coordinate Benches of this Court in the case of Suhas L1 as well as Suvarna2 have considered the various statutory provisions and granted the relief sought for, to the petitioners therein. The operative portion of the judgment in the case of Suvarna2 is as under: "ORDER i. The writ petition is hereby allowed. ii. Impugned endorsement dated 26.08.2025 issued by respondent No.2 (Annexure-D) is hereby quashed. iii. Respondent No.2 is directed to re-consider the petitioner's application dated 30.07.2025 seeking correction of her name in the Death Certificate of her husband Late Pandurang Krishna Bhagai and effect necessary correction in the Death Register by substituting the name as “SUVARNA” in place of “RAJASRI”, if the supporting documents already produced and satisfy the requirements under Section 15 of the Act, 1969 and Rule 11 of the Rules, 1999. iv. Such exercise shall be completed within a period of 4 weeks from the date of receipt of certified copy of this order." 1 RFA No.2454/2025 - judgment dated 18.07.2025 2 WP No.100101/2026 - order dated 16.02.2026; NC:2026:KHC-D:2317 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010585082026 NC: 2026:KHC:52670 WP No. 26823 of 2026 6. In view of the aforementioned, the relief sought for by the petitioner in the present writ petition is to be granted. 7. Hence, the following: ORDER i. The writ petition is partly allowed; ii. The impugned endorsement dated 13.08.2026 (Annexure-J to the writ petition) is hereby quashed; iii. The second respondent shall reconsider the application of the petitioner dated 01.08.2026 (Annexure-H to the writ petition) seeking correction of her name, as sought for in the application, in accordance with law; iv. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. v. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 51 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA