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2026 DAILYLAW 46942 (KAR)

SRI. OM KIYANSH B M v. THE REGISTRAR BIRTHS AND DEATHS DAVANAGERE

WP/5561/2025 · 2026-01-27

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4388 WP No. 5561 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.5561 OF 2025 (LB-RES) BETWEEN: SRI. OM KIYANSH B M S/O. BHARAT J MASANAGI AGED ABOUT 2 YEARS, R/O. 2ND WARD, HIGH SCHOOL ROAD, DEVAGIRI, HAVERI DISTRICT - 581 110 SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN-FATHER BHARAT J MASANAGI, AGED ABOUT 38 YEARS R/O. JAYADEV, 2ND WARD, HIGH SCHOOL ROAD, DEVAGIRI, HAVERI, KARNATAKA - 581 110 MOB NO 9886682505 …PETITIONER (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: THE REGISTRAR BIRTHS AND DEATHS DAVANAGERE DAVANAGERE CITY CORPORATION P.B. ROAD, ELLAMMA NAGAR, VINOBHA NAGAR, DAVANAGERE KARNATAKA – 577 004 …RESPONDENT (BY SRI. B K MANJUNATH., ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4388 WP No. 5561 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 13.02.2025, BEARING NO. DAA MA PAA/JA MA/CR.391/2024-25, ISSUED BY THE RESPONDENT- THE REGISTRAR OF BIRTHS AND DEATHS, CITY CORPORATION, DAVANAGERE, VIDE ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. Issue Writ of Certiorari or any other writ or order or orders, to quash the endorsement dated 13.02.2025, bearing No.Daa Ma Paa/Ja Ma/CR:391/2024-25, issued by the respondent- The Registrar of Births and Deaths, City Corporation, Davanagere, vide Annexure-B. ii. Direct the Respondent, The Registrar of Births and Deaths, Davanagere City Corporation, Davanagere to make necessary entry in the register of births and also in the Birth Certificate, by showing name of the petitioner is changed as "KANTH RISHIKESH", in place of "OM Kiyansh B.M." Vide, Annexure-A. iii. Issue any other writ or order or orders as this Hon'ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity. 2. The petitioner who is aged 2 years is represented by his natural guardian father. The petitioner was born on 16.06.2023 at Nandi Hospital at Davangere. It is - 3 - HC-KAR NC: 2026:KHC:4388 WP No. 5561 of 2025 stated that the Birth Certificate of the petitioner has been issued as OM Kiyansh B.M. An application had been submitted by the father of the petitioner on 05.02.2025 to change the name to Kanth Rishikesh, which came to be rejected by the respondent on the ground that the respondent has no power to change the name once a registration certificate has been issued. It is challenging the same, the petitioner is before this Court seeking for the aforesaid reliefs. 3. The Co-ordinate Bench of this Court in the case of Master Adhrith Bhat Vs. The Registrar of Births and Deaths1 has dealt with this issue and has categorically held that when an application is filed by a person whose name has been registered in the Registrar of Births to change the said name, the Registrar of Births would have the power to do so. In the present case, the name of the petitioner having been registered at the time of his birth on 21.06.2023 1 WP.No.6370/2024 DD 06.02.2025 - 4 - HC-KAR NC: 2026:KHC:4388 WP No. 5561 of 2025 as OM Kiyansh B.M., the parents of the petitioner has thought it fit to cause a change in the name as Kanth Rishikesh. 4. The submission of learned counsel for the petitioner is that, though, the petition has been filed by the father, an affidavit of the mother would also be submitted to the respondent for consideration of such change of name. 5. In that view of the matter, I pass the following ORDER (i) Writ petition is allowed. (ii) A writ of certiorari is issued. The endorsement dated 13.02.2025 bearing No.Daa Ma Paa/Ja Ma/CR:391/2024-25 issued by the respondent- Registrar of Births and Deaths, City Corporation, Davanagere, vide Annexure-B is quashed. (iii) Respondent is directed to consider the application filed by the petitioner in terms of the - 5 - HC-KAR NC: 2026:KHC:4388 WP No. 5561 of 2025 decision of the Co-ordinate Bench of this Court dated 06.02.2025 in WP.No.6370/2024 upon receipt of an affidavit of the mother of the petitioner and pass necessary orders within 30 days upon the receipt of such affidavit. Sd/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 26