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2023 Supreme(Kar) 978

KRISHNA S.DIXIT
Srivastsa M. Subodha – Appellant
Versus
Government of Karnataka – Respondent


Advocates appeared:
B.V.Krishna, Advocate, Rashmi M.R., Advocate

JUDGMENT

1. First and Third Petitioners being the couple happen to be the adoptive parents of the Second Petitioner girl aged five years, whose name is registered as S MAHATI in the Birth Register as is evidenced by the Birth Certificate dtd. 6/12/2017 (Annexure-A). After the adoption, First Petitioner vide Representation/Affidavit (Annexure-F) dtd. 11/5/2022 requested the Second Respondent herein to describe the Second Petitioner-daughter as MAHATI S. SUBODHA. This was followed by a legal notice dtd. 2/11/2022 (Annexure-G Series) under Sec. 80 of CPC, 1908. The Second Respondent sent a reply to the effect that if the request is made in an appropriate form supported by evidentiary material, the same would be considered in accordance with law. Apparently, this appears to be a bureaucratic pattern.

2. Learned counsel appearing for the Petitioners argues that when a citizen gives a representation in the form of Affidavit or a legal notice, the Respondent - authorities have to construe the substance of that in the absence of prescribed form and a decision on merits should be taken in accordance with law and in a time bound way. This having not happened, she submits, her clients have kno

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