Smt Gowramma v. The Chief Commissioner

-e1e-e ((((((((((((HC-KAR, NC:(2026:KHC:49320( WP(No.(25714(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010562292026(e ( e ( INATHEAHIGHACOURTAOFAKARNATAKAAATABENGALURUA e THe DATEDATHISATHEA10 ADAYAOFASEPTEMBER,A2026A e BEFOREA e THEAHON'BLEAMR.AJUSTICEABAMASHYAMAPRASADA e WRITAPETITIONANO.A25714AOFA2026A(LB-BMP)Ae e BETWEEN:AA Ae -SMT-GOWRAMMA-e W/O.-LATE-MARIYAPPA-@--e MAHADEVA,-AGED-ABOUT-70-YEARS,--R/AT-NO.20/20-4,--e TH20 -CROSS,-BHUVANESHWARINAGAR,--e MAGADI-ROAD,--e BENGALURU-560023.-…PETITIONER-e (BY-SRI.RANGASWAMAIAH-R-L.,-ADVOCATE)-e A e AND:A e A Digitally 1.-THE-CHIEF-COMMISSIONER-signed by GREATER-BENGALURU-AUTHORITY,--eVANAMALA N.-R.-SQUARE,--N BENGALURU-560002.-Location: HIGH -COURT OF 2.-THE-COMMISSIONER,-KARNATAKA GREATER-BENGALURU--SOUTH-CORPORATION,--JAYANAGAR,--BENGALURU-560011.--

3.-THE-EXECUTIVE-ENGINEER,-GREATER-BENGALURU---e2e-e ((((((((((((HC-KAR, NC:(2026:KHC:49320( WP(No.(25714(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010562292026( ( ( SOUTH-CORPORATION,-JAYANAGAR,--BENGALURU-560011.--

4.-THE-ASSISTANT-EXECUTIVE-ENGINEER,-GREATER-BENGALURU--SOUTH-CORPORATION,--JAYANAGAR,-BENGALURU-560011.--…RESPONDENTS-(BY-SRI.PAWAN-KUMAR.,-ADVOCATE)---THIS-WP-IS-FILED-UNDER-ARTICLES-226-AND-227-OF-THE-CONSTITUTION-OF-INDIA-PRAYING-TO-DIRECTING-THE-R4-TO-ISSUE-KHATA-IN-THE-NAME-OF-PETITIONER-SMT.-GOWRAMMA-W/O-MARIYAPPA/-MAHADEVA-IN-RESPECT-OF-PROPERTY-BEARING-NO.-20/20-4-20TH-CROSS-BHUVANESHWARINAGAR,-MAGADI-ROAD,-BENGALURU-560023-BY-CONSIDERING-THE-REPRESENTATION-DATED-02.05.2026-UNDER-ANNX-E.---THIS-PETITION,-COMING-ON-FOR-PRELIMINARY-HEARING,-THIS-DAY,-ORDER-WAS-MADE-THEREIN-AS-UNDER:-CORAM:-HON'BLE-MR.-JUSTICE-B-M-SHYAM-PRASAD--

ORAL ORDER

The petitioner is issued with the Endorsement dated 02.03.2026 [Annexure-D] by the Assistant Director [Statistics], Bengaluru South City Corporation, Bengaluru, and this Endorsement reads that the petitioner's request for change of her husband's name in the Death Certificate cannot be accepted because she has not given justifiable reasons. The petitioner's application is to change the name of her husband's name from 'Mahadeva son of Eraiah' to 'Mahadeva alias Mareyappa'.

Sri Rangaswamaiah R L, the learned counsel for the petitioner, and Sri Pawan Kumar, a learned standing counsel for the respondents who is called upon to accept notice for the respondents, are heard for disposal of the petition. This Court observes that the Assistant Director [Statistics] who has issued the impugned Endorsement dated 02.03.2026 is not a party to the present proceedings.

The Officer has referred to the Registration of Births and Deaths Registration Act, 1969 [for short, 'the Act'] and the Registration of Births and Deaths Rules, 1999 [for short, 'the Rules'] thereunder, but has not referred to any enquiry being held as contemplated under Section 15 of the Act and Rule 11 of the Rules. The Act and the Rules confer jurisdiction in the proper Officer to hold an enquiry to ascertain whether there is any error, clerical or otherwise, and then decide on whether the request must be accepted or not. This Court is of the view that, because the Endorsement is issued without an enquiry and is without an opportunity to the petitioner, the Endorsement must be quashed and the petitioner's application dated 02.05.2026 must be restored for reconsideration. Hence the following:

ORDER [A] The petition is allowed-in-part quashing the Endorsement dated

02.03.2026 [Annexure-D].

[B] The petitioner is reserved with liberty to file a certified copy of this Order within two [2] weeks from the date of receipt thereof with the Assistant Director [Statistics], Bengaluru South City Corporation, Bengaluru.

[C] This Officer is called upon to institute an enquiry as required under Rule 11 of the Rules and verify, after due opportunity to the petitioner, whether the application dated

02.05.2026 [Annexure-E] could be considered in the circumstances contemplated

under Section 15 of the Act and corresponding Rules thereunder.

Sd/- (B M SHYAM PRASAD) JUDGE

AN/-