Baby Lochana Priya Vs the Sub-Registrar — Writ and Judicial Review | Karnataka HC (2025)

Baby Lochana Priya Vs the Sub-Registrar — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; Respondent No.2-Tahsildar directed to consider the petitioner's application dated 24.03.2025 for entry of the changed name 'AMULYA LAHARI A.N. GOWDA' in terms of the decision in Master Adhrith Bhat (WP No.6370/2024 dated 06.02.2025), within four weeks from receipt of a copy of the order.

Issue for consideration

Whether Respondent No.2-Tahsildar must be directed to consider the petitioner's application dated 24.03.2025 for entry of the changed name 'AMULYA LAHARI A.N. GOWDA', and whether a prior court proceeding for declaration of change of name is a prerequisite to such consideration.

Court's answer

The learned AGA's submission that a proceeding would have to be filed in Court for declaration of change of name, and only thereafter the applicant approach the Tahsildar, cannot be accepted.

Ratio / Principle

Adopting the Co-ordinate Bench's conclusion in Master Adhrith Bhat (WP No.6370/2024, dated 06.02.2025), this Court proceeds on the basis that when a change in the name is sought, it is for the competent authority to consider the application and pass necessary orders.

Key takeaways

The writ petition is allowed; Respondent No.2-Tahsildar is directed to consider the petitioner's application dated 24.03.2025 in terms of the decision in Master Adhrith Bhat vs. the Registrar of Births and Deaths (WP No.6370/2024 dated 06.02.2025).ratio¶39
The direction to Respondent No.2-Tahsildar is to be complied with within four weeks from the date of receipt of a copy of the order.ratio¶45

Detailed headnote1 paragraphs

Change of name - entry in birth records - minor petitioner (aged about 5 years), rep. by her mother as natural guardian, sought a direction to Respondent No.2-Tahsildar, Kunigal Taluk, to consider her application dated 24.03.2025 to enter the changed name 'AMULYA LAHARI A.N. GOWDA'. Relying on the Co-ordinate Bench decision in Master Adhrith Bhat vs. the Registrar of Births and Deaths (WP No.6370/2024, dated 06.02.2025), the Court held that when a change of name is sought it is for the competent authority to consider the application and pass necessary orders, and rejected the learned AGA's contention that a court proceeding for declaration of change of name must precede the Tahsildar's consideration. Writ petition under Articles 226 and 227 allowed; Tahsildar directed to consider the application within four weeks from receipt of a copy of the order.

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NC: 2025:KHC:45341 WP No. 19822 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19822 OF 2025 (GM-ST/RN)

BETWEEN:

BABY LOCHANA PRIYA, D/O SRI NANDEESHA K, AGED ABOUT 5 YEARS, R/O YADIYURU POST AND HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT.

PETITIONER BEING MINOR, REP. BY HER MOTHER AND NATURAL GUARDIEN SMT. ANNAPOORNA M, W/O SRI NANDEESHA, AGED ABOUT 36 YEARS, R/O YADIYURU POST AND HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT.

…PETITIONER

(BY SRI KALEEMULLA SHARIFF, ADVOCATE)

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

AND:

THE SUB-REGISTRAR, (BIRTHS AND DEATHS), PRIMARY HEALTH CENTRE, YEDIYURU, KUNIGAL TALUK.

THE TAHASIDAR, KUNIGAL TALUK, TUMAKURU DISTRICT.

…RESPONDENTS

(BY SRI B RAVINDRANATH, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2^ND RESPONDENT TO CONSIDER THE REQUEST OF THE PETITIONER TO ENTER THE CHANGED NAME OF THE PETITIONER AS AMULYA LAHARI

2 - NC: 2025:KHC:45341 WP No. 19822 of 2025

HC-KAR

A.N. GOWDA AS PER ANNEXURE-B, DATED 24-03-2025, IN THE LIGHT OF THE DECISION OF THIS HON'BLE COURT IN W.P. NO. 6370/2024, DATED 06-02-2025, PRODUCED AT ANNEXURE-J, BY ISSUING A WRIT OF MANDAMUS.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner is before this Court seeking for the following reliefs;

"(i) Direct the 2nd respondent to consider the request of the petitioner to enter the changed name of the petitioner as AMULYA LAHARI A.N. GOWDA as per ANNEXURE-'B'. dated 24-03-2025, in the light of the decision of this Hon'ble Court in W.P. No. 6370/2024, dated 06-02-2025, produced at Annexure-J, by issuing a Writ of Mandamus.

(ii) Issue such other writ, order or direction, this Hon'ble Court may deem fit in the facts and circumstances of the case."

The grievance of the petitioner is that an application

which had been made to change the name of the petitioner has not been considered by respondent No.2-Tahsildar and no action has been taken. In

that background that the petitioner is before this Court seeking for the aforesaid reliefs.

3 - NC: 2025:KHC:45341 WP No. 19822 of 2025

HC-KAR

The aspect of change of the name for a person in the birth certificate has been considered in detail by the well-reasoned order for Co-ordinate Bench of the Court in Master Adhrith Bhat vs. the Registrar of Births and Deaths in WP No.6370/2024 dated 06.02.2025, wherein this Court has categorically come to a conclusion that when a change in the name is sought for it would be for the competent authority to consider the said application and pass necessary orders.

Hence, the submission of learned AGA that a proceeding would have to be filed in Court for declaration of change of name and thereafter the applicant to approach the Tahsildar cannot be accepted.

In that view of the matter, I pass the following;

ORDER

i. The writ petition is allowed .

ii. Respondent No. 2-Tahsildar is directed to consider the application of the petitioner dated

NC: 2025:KHC:45341 WP No. 19822 of 2025

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HC-KAR

24.03.2025 in terms of the decision of this

Court in Master Adhrith Bhat vs. the Registrar of Births and Deaths in WP No.6370/2024 dated 06.02.2025 within a

period of four weeks from the date of receipt of

a copy of this order.

SD/- (SURAJ GOVINDARAJ) JUDGE

SR

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