IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29978 of 2025 (In the matter of an application under Articles 226 and 227 of the Constitution of India)

Agastya Das …. Petitioner -versus-

State of Odisha and others …. Opposite Parties Appeared in this case:-

For Petitioner : Ms. Sagarika Sahoo, Advocate For Opposite Parties : Ms. J. Sahoo, Learned Additional Standing Counsel CORAM:

JUSTICE A.C. BEHERA

JUDGMENT

Date of hearing : 26.11.2025 / date of judgment : 23.12.2025 A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Opposite Parties for changing his name and gender in the Mutation Certificate vide Annexure-4 issued by the Opposite Party No.2 from “Swagatika Das as grand-daughter” to “Agastya Das as grandson.”

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing the same is that, as per order dated 26.03.2021 passed in W.P.(C) No.8177 of 2021 by this Court, the Director of Estate, General Administration Department, Government of Odisha, Bhubaneswar(Opposite Party No.2) mutated the land vide Plot No.01 measuring 1/12^th of an acre for an area of 70 feet x 55 feet corresponding to Revenue Plot No.62, Khata No.2129 in Mouza-Goutam Nagar, Unit-VIII, Bhubaneswar through an Order No.19089/CA Bhubaneswar dated 22.07.2021 in favour of the legal heirs of the deceased lessee Santwana Das, i.e., Jana Kalyan Das, Jana Jagruti Das, Mukta Das, Swagatika Das(petitioner), Shravani Das, Nandita Priyadarsini Das and Jana Jyoti Das as per Annexure-4. The name of the petitioner was indicated in Sl.

No.4 of the Annexure-4 as Swagatika Das.

3. Subsequent thereto, the petitioner diagnosed with “Gender Dysphoric Syndrome” undergoing “Laparoscopic Assisted Vaginal Hysterectomy with Bilateral Salphingo Oopherectomy”, i.e., a surgical procedure, to remove uterus, cervix, fallopian tubes and ovarian ‘SRS Stage’I, Bilateral Mastectomy and Nac Grafting’, breasts, at Appollo Cosmetic Clinic, Chennai on dated 07.01.2019 and after aforesaid successful surgical intervention, a certificate vide Annexure-5 series were issued in favour of the petitioner and accordingly, the gender of the petitioner was changed from female to male.

4. In pursuant to the surgery, the petitioner applied for certificate as per Rule-6 of The Trans-gender Persons(Projection of Rights) Rules, 2020 and Section 7 of The Transgender Persons(Protection of Rights) Act, 2019 before the District Magistrate, Cuttack.

After making due enquiry, the District Magistrate, Cuttack issued a certificate in favour of the petitioner certifying that, the petitioner has undergone medical intervention, i.e., SRS and the petitioner has changed his gender from female to male, for which, he is entitled for changing his name and gender in all official documents. Accordingly, the District Magistrate, Cuttack issued identity card as per law vide Annexure-6 series indicating the name of the petitioner as “Agastya Das” and his gender as “male.”

On the basis of the certificate and the identify card issued by the District Magistrate, Cuttack in favour of the petitioner as per Annexure-6 series, the petitioner applied before different authorities for changing his name and gender in the documents, such as, PAN Card, Passport, Aadhar Card and accordingly, in the said documents his name was changed from “Swagatika Das” to “Agastya Das” and his gender was changed from “female” to “male”. The changed Pan Card, Passport and Aadhar VCard of the petitioner are also included in Annexure-6 series. The petitioner has made a Notification in the gazette of Tamil Nadu State on dated 02.11.2023 in Tamil Nadu Gazette declaring his changed name from “Swagatika Das” to “Agastya Das” and he has also made a paper publication on dated 02.11.2023 about the same in Annexure-8 series.

5. Thereafter, the petitioner made a representation on dated 19.09.2025 before the Director of Estate, General Administration