- 1 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100101 OF 2026 (LB-RES) BETWEEN: SMT. SUVARNA W/O. PANDURANG BHAGAI, AGE. 52 YEARS, OCC. AGRICULTURE/HOUSEHOLD, R/O. #4298, VADAGOL RURAL, TAL. CHIKKODI, DIST. BELAGAVI-591244. …PETITIONER (BY SRI YASH R.NADAKARNI, ADVOCATE FOR SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE COMMISSIONER CITY CORPORATION BELAGAVI, SUBASH NAGAR, BELAGAVI-590001. 2. THE REGISTRAR OF BIRTH AND DEATH AND HEALTH OFFICER, CITY CORPORATION, BELAGAVI, SUBASH NAGAR, BELAGAVI-590001. …RESPONDENTS (BY SRI ARAVIND KULKARNI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT DATED 26.08.2025 BEARING NO. CCB.HLT.B AND D/CR/2025-26 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-D AND; ISSUE WRIT OF MANDAMUS OR DIRECTION, DIRECTING THE RESPONDENTS TO MAKE NECESSARY CORRECTION IN DEATH CERTIFICATE OF PANDURANG KRISHNA BHAGAI AT SL.NO.7 MENTIONED NAME OF WIFE WRONGLY AS RAJASRI BE DELETED AND CORRECT NAME IS SUVARNA BE SUBSTITUTED; AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:35:13 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has called in question the endorsement dated 26.08.2025 issued by respondent No.2-Registrar of Birth and Death and Health Officer, City Corporation, Belagavi (“the Registrar” for short), whereby her request for correction of her name in the Death Certificate of her husband was rejected and she was directed to approach the Civil Court. Brief Facts: 2. The petitioner claims to be the wife of late ‘Pandurang Krishna Bhagai’, who passed away on 09.07.2025. The death was duly registered with the City Corporation, Belagavi, and a Death Certificate was issued on 21.07.2025. In the said Death Certificate, at Sl.No.7, the name of the wife was wrongly mentioned as “RAJASRI" instead of “SUVARNA”. The petitioner, upon noticing the - 3 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 error, submitted a representation dated 30.07.2025 along with the affidavit and in support of her claim, submitted documents including Aadhaar Card, PAN Card, Voter ID Card, Ration Card and educational records of her son. 3. Respondent No.2 by endorsement dated 26.08.2025 (Annexure-D) rejected the request and directed the petitioner to approach the Civil Court. 4. Learned counsel for the petitioner submits that the impugned endorsement is contrary to Section 15 of the Registration of the Births and Deaths Act, 1969 (“the Act, 1969” for short), which empowers the Registrar to correct any entry in the register if it is erroneous in form or substance. He also relies upon Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999 (“Rules, 1999” for short), which authorises the Registrar to effect correction. 5. Learned counsel submits that the correction sought is only with respect to the name of the petitioner - 4 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 which is supported by documentary evidence and does not involve any adjudication of disputed facts and that the impugned endorsement directing the petitioner to approach the Civil Court is arbitrary and illegal. 6. In support of his contention, he places reliance upon the decision of the Co-ordinate Bench of this Court in the case of Mr.Suhas L. S/o Late Lokesh H.P Vs. Chief Registrar Births and Deaths and others1 (“Suhas” for short). 7. Per contra, learned counsel appearing for the respondents-Corporation sought to justify the impugned endorsement and submits that the same does not warrant any interference. 8. This Court has carefully considered the rival contentions and perused the material on record. 9. Section 15 of the Act, 1969 reads as under: 1 RFA.No.2454/2025 disposed of on 18.07.2025. - 5 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 “15. Correction or cancellation of entry in the register of births and deaths.— If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.” 10. The above provision clearly empowers the Registrar to correct entries that are erroneous in form or substance, subject to the Rules prescribed by the State Government. 11. Rule 11 of the Rules, 1999, provides the procedure for such corrections. The Co-ordinate Bench of this Court has given a deliberate consideration to the scope - 6 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 and intent of Section 15 of the Act, 1969 and at paragraph Nos.16 and 17, has held as under: “16. This view is fortified by two reported decisions of this Court, wherein the scope and intent of Section 15 have been discussed in detail. These decisions affirm that the power vested in the Registrar under the 1969 Act is sufficiently broad to address not only clerical or typographical errors but also substantive mistakes relating to personal particulars in the certificates, including names and relationships. The judgments underscore that the Registrar's powers are not to be interpreted narrowly, and the authority has been conferred with sufficient discretion to conduct inquiries and make necessary corrections after due verification. 17. In light of the above legal position, this Court is of the considered view that the present suit, filed before the Civil Court seeking rectification of entries in the Death Certificate, is not maintainable. There exists a clear bar under Section 9 of the CPC, as the nature of the relief falls exclusively within the domain of the Registrar under Section 15 of the 1969 Act. Although the authorities had specifically raised this objection in their written statement, the Trial Court unfortunately failed to examine or give due - 7 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 weight to this fundamental jurisdictional bar. It is settled law that the question of maintainability and jurisdiction can be examined even at the appellate stage, particularly where the bar is statutory and goes to the root of the matter.” 12. In the present case, the petitioner has sought for correction which pertains to the name of the wife of the deceased in the Death Certificate. The said claim of the petitioner is supported by identity documents and affidavit. 13. Section 15 of the Act, 1969 empowers the Registrar from exercising the powers. The Registrar has not assigned any specific authority or power which is preventing him from exercising his powers under Section 15 of the Act, 1969. When a statute provides and confers a power upon an authority to correct the errors, such authority cannot refuse to exercise such jurisdiction and shift the burden to the Civil Court, particularly when there is no disputed question of title. The impugned endorsement amounts to failure to exercise jurisdiction. In similar circumstances, this Court in Suhas case has held that, the Registrar is - 8 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 competent to correct the clerical as well as the substantive errors relating to personal particulars in birth and death certificate. Accordingly, the writ petition deserves to be allowed and this Court pass the following: 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. - 9 - HC-KAR NC: 2026:KHC-D:2317 WP No. 100101 of 2026 iv. Such exercise shall be completed within a period of 4 weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 11