HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.16673 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking the following relief:

“…to issue writ or order or direction, more so in the nature of Writ of Mandamus in declaring the impugned order dated 15.05.2025, Rc /AMOH/GHMC/2025 passed by Respondent no.4 in pursuant to the order dated 03.04.2025 in W.P. No: 9977 of 2025 which is completely irrational, unreasoned, without jurisdiction and enquiry and in utter disregard to procedural impropriety by not cancelling the wrongly entered date of birth i.e.., 12-05-2003 in the register considering the genuine date of birth i.e., 12-02-2003, inadvertently/ erroneously registered/issued under Book No.12, Sl. No: 80 as per Sec 15 of The Registration Of Births And Deaths Act, 1969, which is subject matter of this writ petition, as arbitrary, illegal, deliberate dereliction of duty and violation of the fundamental rights of Petitioner…”

2. Heard Mr. Kuturu Ravinder Reddy, learned counsel for the petitioner; Mr. Srinivas Rao Pachwa, learned Standing counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

3. In the earlier round of litigation, the petitioner filed W.P. No.9977 of 2025 aggrieved by the action of respondent authorities in not cancelling his wrong date of birth certificate inadvertently and erroneously registered under the Book No.12, Sl. No.80, as per the Section 15 of the Registration of Births and Deaths Act, 1969 (for short ‘Act’). The said writ petition was disposed of by order dated 03.04.2025 directing the respondent authorities to consider the application of the petitioner dated 24.02.2025 for correction of his date of birth as 12.02.2003 which was wrongly recorded as 12.05.2003 in the birth register.

4. Pursuant to the above order dated 03.04.2025, it appears enquiry was conducted and the impugned order dated 15.05.2025 was passed by respondent No.4. In the impugned order, it was recorded that as per the norms of the Act, a genuine entry in the register of births and deaths cannot be cancelled. Respondent No.4 referred to the first birth certificate bearing registration No.554 dated 22.05.2003 and second birth certificated bearing registration No.25 dated 06.01.2006 and held that as per the first birth certificate which is genuine, the date of birth is 12.05.2003 and as per the second birth certificate, the date of birth is

12.02.2003.

5. Learned counsel for the petitioner contended that respondent No.4 failed to disclose reasons for issuing the impugned proceedings. That proper enquiry was not conducted and the documents submitted by the petitioner were not considered. Learned counsel submitted that as per Section 15 of the Act, respondent No.4 has the power to cancel the erroneous entry and he failed to exercise such power. It is also submitted that several public documents like Secondary School Certificate (SSC), Aadhaar Card and Driving licence issued by the Regional Transport Authority, Government of Telangana, certificate dated 14.02.2025 issued by Pushpa Maternity and Nursing Home, confirming that the petitioner was born on 12.02.2003 were not considered by respondent No.4.

6. Learned Standing Counsel for GHMC submitted that there are two birth certificates of the petitioner which were got registered by his family members. That proper enquiry was conducted by respondent No.4 and the order vide Rc.No.nil/AMOH/GHMC/2025 dated 15.05.2025 was passed. If the petitioner is aggrieved thereby, the remedy available for the petitioner is to file a civil suit to declare that the birth certificate that shows the date of birth of the petitioner as 12.02.2003 is genuine. There are no merits in this writ petition and the same is liable to be dismissed.

7. This Court perused the documents filed by the petitioner along with the writ affidavit and none of the documents showing his date of birth as 12.02.2003 have been considered by respondent No.4. If the documents rel