Swapnil Shivaji Deshmukh Old Name Sakharam Shivaji Wayal Vs the State of Maharashtra through the Secretary and Others — Bombay HC (2024) — LawSathi Research

Swapnil Shivaji Deshmukh Old Name Sakharam Shivaji Wayal Vs the State of Maharashtra through the Secretary and Others — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to respondents Nos. 2 to 7 to effect the change of the petitioner's name as per the Government Gazette published on 14/10/2020 (prayer clause B) and to grant provisional S.S.C., Polytechnic Diploma, caste and validity certificates in the new name pending final disposal (prayer clause C), subject to surrender of original documents and deposit of requisite fees, with the Authorities to act within 30 days of filing of applications.

Issue for consideration

Whether respondents Nos. 2 to 7 should be directed to effect the change of the petitioner's name as per the Government Gazette published on 14/10/2020, substituting 'Swapnil S/o. Shivaji Deshmukh' for 'Sakharam Shivaji Wayal' (prayer clause B). +1 more

Court's answer

The Writ Petition is allowed in terms of prayer clause B: respondents Nos. 2 to 7 are directed to effect the change of the petitioner's name as per the Government Gazette published on 14/10/2020, substituting 'Swapnil S/o. Shivaji Deshmukh' for 'Sakharam Shivaji Wayal'.

Ratio / Principle

The Writ Petition is allowed in terms of prayer clause C: provisional certificates (S.S.C., Polytechnic Diploma, caste certificate and validity certificate) are to be granted in the new name, pending hearing and final disposal.

Key takeaways

The petitioner shall follow the due procedure for seeking change of name in the documents set out in the prayer clauses and deposit requisite fees in accordance with the Rules; the Authorities before whom such applications are tendered are expected to do the needful within 30 days of filing.ratio¶23
For any document in which the petitioner desires change of name, he shall be bound to surrender the original document, and on that condition a fresh document will be issued.ratio¶26

Detailed headnote1 paragraphs

Writ petition allowed (Bombay High Court, Aurangabad Bench, 13 March 2024; Ghuge & Joshi, JJ., Per Court): The petitioner, whose change of name from Sakharam Shivaji Wayal to Swapnil Shivaji Deshmukh was published in the Maharashtra Government Gazette Part-II (October 8-14, 2020), is entitled to have respondents Nos. 2 to 7 substitute the new name in his records and to be granted provisional S.S.C., Polytechnic Diploma, caste and validity certificates in the new name, the Court acting on the law laid down in Shubham Dhananjay Kale vs. Secretary, Central Board of Secondary Education, Chennai, AIR Online 2021 Bombay 1988. The petitioner must follow the due procedure, deposit requisite fees per the Rules, surrender original documents before fresh ones are issued, and the Authorities are to do the needful within 30 days of filing of applications.

2024:BHC-AUG:5857-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

30 WRIT PETITION NO. 2606 OF 2024

SWAPNIL SHIVAJI DESHMUKH OLD NAME SAKHARAM SHIVAJI WAYAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Shri K.R. Doke, Advocate for the Petitioner. Shri R.S. Wani, AGP for Respondents 1 to 3 and 5 to 7/State.

CORAM : RAVINDRA V. GHUGE &

R.M. JOSHI, JJ.

DATE :- 13^th March, 2024

Per Court :-

The Petitioner has put forth prayer clauses B and C

as under:-

“B. By issuing appropriate writ order or direction in the like nature; the respondent No. 2 to 7 may kindly be directed to effect the change in the name of petitioner as per the Govt. Gazette published on 14/10/2020 thereby substituting his name as Swapnil S/o. Shivaji Deshmukh instead of Sakharam Shivaji Wayal.

C. Pending hearing and final disposal of this writ petition, the respondent No. 2 to 7 may kindly be directed to grant provisional certificate of S.S.C. and Diploma Certificate of Polytechnic, as well as the caste certificate and validity certificate in the new name as Swapnil S/o. Shivaji Deshmukh instead of Sakharam Shivaji

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Wayal.”

We have perused the Maharashtra Government Gazette Part-II, Thursday to Wednesday, October 8-14, 2020, wherein, the Petitioner’s request for change of name from Sakharam Shivaji Wayal to Swapnil Shivaji Deshmukh has been published. The Petitioner relies upon the judgment of this Court in Shubham Dhananjay Kale vs. Secretary, Central Board of Secondary Education, Chennai, AIR Online 2021 Bombay

1988 .

The learned AGP has opposed this petition on the ground that the Petitioner has voluntary changed his name.

Considering the law laid down in Shubham Dhananjay Kale (supra) , this Writ Petition is allowed in terms of prayer clauses B and C .

The Petitioner shall follow the due procedure for seeking change of name, in the documents, as set out in the prayer clauses. Requisite fees would be deposited in accordance with the Rules. We expect the Authorities, before whom the Petitioner would tender applications for change of name, to do the needful within 30 days of filing of such applications.

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Needless to state, whichever documents in which the

Petitioner desires change of name, he shall be bound to surrender the original document and on this condition, a fresh document would be issued.

kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )