IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 18803 OF 2024 (LB-BMP)

BETWEEN:

1 . SRI PRAKASH V S/O P VENKATESH AGED ABOUT 47 YEARS, R/AT NO.119

4^TH CROSS ROAD, NETHAJINAGAR K P AGRAHARA BENGALURU-560023 …PETITIONER (BY SMT. RAJESHWARI.M, ADVOCATE)

AND:

1 . THE REGISTRAR OF BIRTHS AND DEATHS Dig itally signed by AND COMMISSIONER KIRAN KUMAR R BRUHAT BENGALURU MAHANAGARA PALIKE Location: OFFICE OF THE JOINT DIRECTOR (STATISTICS)

HIGH COURT OF BBMP SHOPPING COMPLEX, KARNATAKA BEHIND UPARPETE POLICE STATION SUBASH NAGAR, BENGALURU …RESPONDENTS (BY SRI. MADHU.J.N., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING No.5305/2023-24 DATED:1.7.2024 VIDE ANNEXURE-D, ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.01.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: THE HON'BLE MR JUSTICE N S SANJAY GOWDA

CAV ORDER

1. Sri.Praksh V. has filed this petition challenging an endorsement issued by the Assistant Director (Statistics) of the Bruhat Bengaluru Mahanagara Palike ('the BBMP') by which the Assistant Director has refused the request of the petitioner to incorporate the name of the petitioner’s son “Mithun Sai P.” as against the existing name “Nithin Sai P in the Register of Births.

2. It is the case of the petitioner that his son was born on 30.04.2012 at Tejas Nursing Home, Bengaluru and his birth was registered on 19.05.2012 and the extract of birth register also indicated that his son’s name has been recorded as “Nithin Sai P.”

3. It is his case that his son’s name is now Mithun Sai P. and not Nithin Sai P. He has produced the Aadhar Card in respect to his son, which also indicates that his son’s name is Mithun Sai P. The petitioner contends that this discrepancy was noticed by the school and they had advised him to get his son’s name rectified in the Birth Certificate and he had accordingly approached the Assistant Director and submitted an affidavit.

4. In this affidavit, he stated that his son’s name had been entered as Nithin Sai P. in the Birth Certificate and the same had been changed as Mithun Sai P. and therefore, this was to be incorporated in the Birth Register.

5. However, as stated earlier, this request has been rejected by the Assistant Director on the ground that change of name is not permissible under Section 15 of the Registration of Births and Deaths Act, 1969 (for short, ‘the Act’).

6. The petitioner is therefore before this Court for an appropriate direction to be issued to the respondent to enter the name of the petitioner’s son as Mithun Sai P. in the registers instead of Nithin Sai P.

7. This Court, in W.P. No.6370 of 2024¹, while considering a similar issue, has passed a detailed order, directing the respondent authority to change the name of the petitioner therein in the Register of Births as against his originally registered name.

8. The relevant portions of the said order read as under:

“4. In order to consider the correctness of this endorsement, a brief review of the relevant provisions is necessary.

5. In the year 1969, the Registration of Births and Deaths Act was enacted to provide for regulation of the registration of births and deaths and for matters connected therewith.

1 Writ Petition No.6370 of 2024, disposed on 06.02.2025 (Master Adhrith Bhat vs. The

Registrar of Births and Deaths) Coram: Hon’ble Mr.Justice N.S.Sanjay Gowda.

6. Chapter III of the Act relates to the Registration of Births and Deaths and Sections 8 and 9 of the Act mandated the requirement of the persons specified therein to register births and deaths. Section 10 casts a duty on persons to notify births and deaths and also to certify cause of death.

7. Section 11 of the Act requires the informant to sign the register, while Section 12 of the Act casts a responsibility on the Registrar to furnish the extract of the r