IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.103535 OF 2025 (GM-RES)

BETWEEN:

KUMAR ATHARV S/O. VISHWANATH GUNDAGI, AGE. 11 YEARS, OCC. STUDENT, SINCE MINOR REPRESENTED BY THE MINOR GUARDIAN HIS MATERNAL GRAND FATHER SHASHIKANT S/O. MEGHARAJ MALGATTE, AGE. 64 YEARS, OCC. BUSINESS, R/O. #96, UGAR KHURD, TQ. ATHANI, DIST. BELAGAVI-591316.

…PETITIONER (BY SRI. GIRISH A.YADAWAD, ADVOCATE)

AND:

THE REGISTRAR OF BIRTHS AND DEATHS /CHIEF EXECUTIVE OFFICER, CONTONMENT BOARD, BELAGAVI, DIST. BELAGAVI-590001.

Digitally signed by …RESPONDENT VIJAYALAKSHMI M (BY SRI. APOORVA SOMANNAVAR, ADVOCATE)

KANKUPPI Location: HIGH THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 COURT OF OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF KARNATAKA CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 02.04.2025 ISSUED BY THE RESPONDENT IN NO.9/SAN/114/CGH 35 VIDE ANNEXURE-H, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CHANGE THE NAME OF PETITIONER AS ‘ATHARV V. GUNDAGI’ IN THE REGISTER OF BIRTHS MAINTAINED BY THE RESPONDENT AS AGAINST THE ORIGINALLY REGISTERED NAME ‘KRISHNA V. GUNDAGI’ AND TO ISSUE A FRESH BIRTH CERTIFICATE TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. C) PASS SUCH ORDER OR ORDERS WHICH THIS HON’BLE COURT DEEMS FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON

12.02.2026, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CAV ORDER The present writ petition is filed seeking the following prayer: “PRAYER WHEREFORE, it is prayed for this Hon’ble court may be pleased to:

a) Issue a writ of certiorari to quash the impugned endorsement dated 02.04.2025 issued by the respondent in No.9/SAN/114/CGH 35 vide Annexure-

H, in the interest of justice and equity.

b) Issue a writ of mandamus directing the respondent to change the name of petitioner as ‘Atharv V. Gundagi’ in the Register of Births maintained by the respondent as against the originally registered name ‘Krishna V. Gundagi’ and to issue a fresh birth certificate to the petitioner, in the interest of justice and equity.

c) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case, in the interest of justice and equity.”

2. It is the case of the petitioner that the petitioner was born on 17.09.2014 at the Military Hospital, Belagavi. The birth certificate came to be issued by the respondent showing the name of the petitioner as “Krishna V.Gundagi”. The father of the petitioner is working in the Indian Army and as a result, the parents of the petitioner often reside away from the petitioner depending upon the posting of the father of the petitioner. The petitioner is under the care and custody of his maternal grandfather namely Shashikant Malagatte. Hence, the parents of the petitioner have executed a Special Power of Attorney in favour of the maternal grandfather for the purpose of initiating legal proceedings.

3. It is stated that based on family traditions, the name of the petitioner was initially named ‘Krishna’ and the same upon being informed to the respondent was recorded in the birth certificate. Subsequently, the parents of the petitioner decided to officially name the petitioner as ‘Atharv’. This change of name was in the best interest of the child and for his better identification for the purpose of educational and other official records. Accordingly, in the school records, the name of the petitioner is mentioned as ‘Atharv V. Gundagi’ and not ‘Krishna V. Gundagi’. At the time of taking admission of the petitioner for 4^th standard, due to the variation of the name of the petitioner in the school records in comparison with the birth certificate, there was difficult