IN THE HIGH COURT OF BOMBAY
Devendra Kumar Upadhyaya, CJ., Arif S. Doctor, J.
Shaikh Masud Ismail Shaikh & Ors. - Appellants
Versus
The Union of India , Through Its Secretary , Home Affairs Department & Ors. - Respondents
Public interest Litigation No. 145 of 2023; with Public interest Litigation No. 148 of 2023; with Writ Petition No. 11968 of 2023; with Writ Petition No.12352 of 2023; with Writ Petition No. 12358 of 2023; Public interest Litigation No. 93 of 2022 with interim Application No. 1276 of 2023; with interim Application No. 2672 of 2023 in Public interest Litigation No. 93 of 2022; with interim Application No. 17531 of 2022 in Public interest Litigation No. 93 of 2022; with Writ Petition No. 3616 of 2023; with Writ Petition No. 3607 of 2023; with Writ Petition No. 3294 of 2023; with Writ Petition No. 3892 of 2023; with Writ Petition No. 3881 of 2023; with Writ Petition No. 3886 of 2023; with Writ Petition No. 7011 of 2023; with Writ Petition No. 6996 of 2023; with Writ Petition No. 6997 of 2023; with Writ Petition No. 6992 of 2023; with Writ Petition (Stamp) No. 14807 of 2023; with Writ Petition No. 6990 of 2023; with Public interest Litigation No. 173 of 2022; with Public interest Litigation No. 110 of 2022; with Writ Petition No. 1185 of 2023 with interim Application No. 17622 of 2023 with interim Application Stamp No. 14913 of 2023
Decided On : 08-05-2024
| Table of Content |
|---|
| 1. context of name change in legal proceedings (Para 1 , 2) |
| 2. background and historical attempts to change names (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. arguments against the name change based on rights and identification (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. court's examination of statutory provisions concerning name change (Para 32 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74) |
| 5. conclusion on legality of notifications concerning name change (Para 76 , 77 , 78) |
| 6. final judicial decision on the case (Para 84 , 85) |
| 7. dismissal of petitions without merit (Para 86 , 87 , 88) |
JUDGMENT
Devendra Kumar Upadhyaya, CJ. -
(A) PRELUDE :
1. The following quote from Shakespeare's Romeo and Juliet resonated throughout the hearing of this batch of writ petitions:
In these lines Juliet makes a profound observation about the nature of names and says that a name does not make something that it is; even if rose had a different name other than 'rose', the essence of the flower would not change, it would still be the same. However, the Petitioners disagree with what Shakespeare says through Juliet in his famous tragedy.
(B) CHALLENGE:
2. By instituting these petitions under Article 226 of the Constitution of India, some of which are Public Interest Litigation Petitions, the Petitioners assail the validity of Notifications issued by the Government of Maharashtra changing the name of Aurangabad and Osmanabad cities to Chhatrapati Sambhajinagar and Dharashiv, respectively. Challenge in these petitions has also been made to the Notifications issued by the State Government changing the names of revenue areas or units i.e. revenue Division, District, Sub Division, Taluka and Village from Aurangabad revenue areas to Chhatrapati Sambhajinagar revenue areas and from Osmanabad revenue areas to Dharashiv revenue areas. The impugned Notification bearing No. Ganab-2715/Mantri 18/C.R.218/29 dated 24th February 2023, whereby the name of Aurangabad city has been changed to Chhatrapati Sambhajinagar city, is extracted hereinbelow:
Hutatma Rajguru Chowk, Madam Cama Marg, Mantralaya,
Mumbai 400 032, dated the 24th February 2023.
NOTIFICATION
No. Ganab-2715/Mantri 18/C.R.218/29.-The Ministry of Home Affairs, Government of India vide its letter No.11/19/2022-M&G, dated 24th February, 2023, has approved the proposal of the Government of Maharashtra, for changing the name of City 'Aurangabad' to 'Chhatrapati Sambhajinagar'. The Government of Maharashtra is hereby pleased to direct that the name of the City 'Aurangabad', Taluka & District-Aurangabad, Maharashtra State shall be changed as 'Chhatrapati Sambhajinagar" (Nr itux), Taluka & District-Aurangabad, Maharashtra State.
2. The necessary changes shall be carried out in the Government records of the State by all concerned as shown in the following TABLE :
TABLE

By order and in the name of the Governor of Maharashtra,
PRAKASH INDALKAR,
Deputy Secretary to Government of Maharashtra.'
The Notification bearing No.Ganab-4721/CR-73/A-29 dated 24th February 2023 changing the name of Osmanabad city to Dharashiv city is also extracted hereinbelow:
'GENERAL ADMINISTRATION DEPARTMENT
Hutatma Rajguru Chowk, Madam Cama Marg,
Mantralaya, Mumbai 400 032, dated the 24th February 2023.
NOTIFICATION
No. Ganab-4721/CR-73/A/29.-The Ministry of Home Affairs, Government of India vide its letter No.11/18/2022-M&G, dated 7th February, 2023, has approved the proposal of the Government of Maharashtra, for changing the name of City 'Osmanabad' to 'Dharashiv'. The Government of Maharashtra is hereby pleased to direct that the name of the City 'Osmanabad', Taluka & District Osmanabad, Maharashtra State shall be changed as 'Dharashiv' (mifr), Taluka & District Osmanabad, Maharashtra State.
2

Ashwini Kumar Upadhyay Vs. Union of India & Ors.
Dr. Avinash Ramkrsihan Kashiwar & Ors. Vs. State of Maharashtra & Ors.
Indian Aluminium Co. v. Kerala SEB (1975) 2 SCC 414 : AIR 1975 SC 1967
K. S. Puttaswamy (Retd) & Anr. Vs. Union of India & Ors.
M.G.Pandke Vs. Municipal Council Hinganghat, District-Wardha
Maqbool Vs. State of Uttar Pradesh & Anr.
Mohd. Mustaq Ahemad Vs. State of Maharashtra
Prashant Babusaheb Ghiramkar Vs. State of Maharashtra & Ors.
Raichurmatham Prabhakar Vs. Rawatmal Dugar
RameshChand v. State of U.P. (1979) 4 SCC 776
S.R. Bommai Vs. Union of India
Sarabjit Rick Singh v. Union of India (2008) 2 SCC 417 : (2008) 1 SCC (Cri) 449
Shikshan Mandal & Ors. Vs. State of Maharashtra & Ors.
Shree Sidhbali Steels Ltd. v. State of U. P.
The court upheld renaming cities under the Maharashtra Land Revenue Code, affirming that such actions were procedurally valid and not justiciable based on subjective historical claims.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The provisions of the Bihar Panchayat Raj Act, 2006 shall have no application in respect of the areas to which the provisions of the Municipal Act are applied.
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
The right to change one's name is recognized as a fundamental right, but requires a civil court declaration and adherence to statutory regulations.
Jurisdiction of revenue authorities to adjudicate the correctness and genuineness of a 'Will' for mutation of name.
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