Syeda Afifa Aymehn D/O Syed Nazimuddin Vs the Chief Officer Cum Rgistrar of Birth and Deaths

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NC: 2025:KHC-D:3447 WP No. 100877 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20^TH DAY OF FEBRUARY, 2025

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BEFORE R

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100877 OF 2025 (LB-RES)

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BETWEEN:

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SYEDA AFIFA AYMEHN D/O. SYED NAZIMUDDIN W/O SYED AMMAR AHMED, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, RESIDENT OF HOUSE NO. 89/1, WARD NO. 29, 5TH CROSS, M G NAGAR, HOSAPETE, VIJAYANAGAR DISTRICT-583201.

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…PETITIONER

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(BY SRI D.L. LADKHAN, ADVOCATE)

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AND:

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ASHPAK KASHIMSA MALAGALADINNI

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THE CHIEF OFFICER CUM REGISTRAR OF BIRTH AND DEATHS, TOWN PANCHAYAT KARYALAYA, KAMALAPUR, HOSAPETE TALUKA, VIJAYANAGAR DISTRICT-583201.

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…RESPONDENT

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(BY SRI BHUSHAN KULKARNI, ADVOCATE)

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Digitally signed byASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:43 +0530

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE ANY ORDER OR DIRECTION OR WRIT IN THE NATURE OF MANDAMUS DIRECTING TO CANCEL THE BIRTH CERTIFICATE REGISTER WITH GRAMA PANCHAYAT OFFICE THEN, REGISTERED ON 13-05-1993 AT REGISTRATION NO. 182/1993 VIDE ANNEXURE-B. AND TO ISSUE ANY ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING RESPONDENT BY WRIT OF MANDAMUS TO MAINTAIN THE DATE OF BIRTH 15-03-1993 IN THE ORIGINAL RECORD OF BIRTHS WITH REGISTRATION NO.803110/T/B/2020/ 000070 DATE OF REGISTRATION 13-11-2020 ISSUED BY HEALTH INSPECTOR/OFFICER KAMALAPURAM (TP) HOSAPETE TALUKA, BALLARI VIDE ANNEXURE-J AND NECESSARY CORRESPONDING ENTRIES IN E-JANMA PORTAL.

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NC: 2025:KHC-D:3447 WP No. 100877 of 2025

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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Petitioner is before this Court seeking for the

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following reliefs :

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“(1) Issue any order or direction or writ in the nature of mandamus directing to cancel the birth certificate register with grama panchayat office then, registered on 13-05-1993 at registration no.182/1993 vide Annexure-B.

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(2) Issue any order or direction or writ in the nature of writ of mandamus directing respondent by writ of mandamus to maintain the date of birth 15-031993 in the original record of births with registration no.803110/t/b/2020/ 000070 date of registration 1311-2020 issued by Health Inspector/Officer Kamalapuram (TP) Hosapete Taluka, Ballari vide Annexure-J and necessary corresponding entries in e- janma portal.”

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The petitioner though born on 15.03.1993, due to a mistake the date given for the issuance of the Birth Certificate was 15.04.1993 and as such, Birth Certificate came to be issued at Annexure-B with the

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date of birth as 15.04.1993. The petitioner not having noticed this, the correct date of birth had

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3 - NC: 2025:KHC-D:3447 WP No. 100877 of 2025

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been furnished for all other purposes including education purposes. The Karnataka Secondary

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Education Examination Board has issued a certificate indicating date of birth that 15.03.1993. The college has also recorded the date of birth of petitioner as 15.03.1993 so also are the motor driving licence, the voter ID issued by the Election Commission issued with date of birth as 15.03.1993.

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In that view of the matter, the petitioner filed proceedings under Section 13(3) of the Registration of Birth and Deaths Act, which came to be registered as Cri.M.C.No.374 of 2020 before the II Additional Civil Judge and JMFC, Hospete, which on reference to

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the Lok-Adalat, an order had been passed directing the issuance of a fresh Birth Certificate with the corrected date of birth as 15.03.1993. Pursuance thereto, a certificate had also been issued with that date.

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NC: 2025:KHC-D:3447 WP No. 100877 of 2025

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Subsequently, when an application was filed before the passport authority for correction of the date of birth, the said Passport Authority sought for a clarification since there were two birth certificates and a passport has been issued as per the earlier certificate as 15.04.1993. Hence the petitioner moved an application before the respondent seeking for such clarification. When the respondent issued an endorsement dated 05.12.2024 vide Annexure-M that the authority cannot do so and necessary orders

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would have to be secured from the appropriate Court. In that background the petitioner is before this Court.

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The manner in which the above matter has come up before this Court, is very peculiar. The respondent had issued a Birth Certificate with 15.04.1993 as the date of birth subsequently corrected the same as 15.03.1993 as per the order passed by a Court and issued the second birth certificate. When a second

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birth certificate had been issued, the respondent ought to have cancelled the earlier birth certificate, without cancelling the earlier birth certificate another birth certificate has been issued with a different date and now the respondent is calling upon the petitioner to approach appropriate court of law and to obtain a necessary order in order to correct the mistake committed by the respondent, driving the petitioner to this Court in an unnecessary litigation. In that view of the matter, I pass the following:

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ORDER

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(i) Writ petition is allowed.

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(ii) Writ of mandamus is issued directing the

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respondent to cancel the earlier birth certificate of the petitioner bearing registration No.182/193 at Annexure-B registered on 13.05.1993 and further issue

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a clarification to the petitioner that the birth certificate bearing No.803110/T/B/

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2020/000070 is the correct birth

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certificate.

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(iii) The Director of Municipal Administration is directed to take note of these peculiar facts and issue appropriate directions to all the Registrars of Births and Deaths that in the event of any correction being carried out in a birth certificate already issued, the earlier birth certificate has to be cancelled

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by taking return of the original Birth Certificate issued to such person and issue the corrected birth certificate, necessarily with the endorsement that the earlier birth

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certificate has been cancelled.

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(iv) It is needless to say necessary entries would also have to be made in the e- Janma portal.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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CKK CT:GSM

Syeda Afifa Aymehn D/O Syed Nazimuddin v. the Chief Officer Cum Rgistrar of Birth and Deaths

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Syeda Afifa Aymehn D/O Syed Nazimuddin v. the Chief Officer Cum Rgistrar of Birth and Deaths

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