Nafr High Court
Case Details
1 / 5 2025:CGHC:44974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4816 of 2024 Aadayant Tiwari S/o T.K. Tiwari, Aged About 16 Years Minor, Through His Father/guardian T.K. Tiwari, S/o Late Shri N.P. Tiwari, R/o Plot No. 68, Street No. C, Trivini Nagar, (Smriti Nagar), Bhilai, District- Durg (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary General Administrative Deparment, GAD, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 2 - Collector, Durg, District-Durg (C.G.) 3 - E-District Manager, Adhaar Card, Collectorate Office, District Durg (C.G.) 4 - Regional Manager, Unique Identification Authority of India (UIDAI), Pandri, Raipur, District- Raipur (C.G.) ... Respondents For Petitioner For State : :
Legal Reasoning
Ms. Veethika Choubey, Advocate Ms. Upasana Mehta, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 03/09/2025 1. Heard on I.A. No.1/2025, which is an application for taking documents on record. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.03 17:14:55 +0530 2. On due consideration and being satisfied with the reasons stated in 2 / 5 the application (I.A. No.1/2025), the same is allowed and the documents are taken on record. 3. With the consent of learned counsel for the parties, the matter is heard finally. 4. By way of the present petition the petitioner has prayed for the following reliefs:- 10.1 That Hon’ble Court be pleased to issue writ of mandamus/directions/orders thereby commanding to the Respondents to change the name of the petitioner from Avi Tiwari to Aadyant Tiwari in his Aadhar Card. 10.2 Any other relief or relief(s) which this Hon’ble court may think proper in view of the facts and circumstances of the case may also kindly be granted. 5. The instant writ petition has been filed for issuance of direction to the Respondent No.2 and 3 to change the name of the petitioner in his Adhaar Card from “Avi Tiwari to Aadayant Tiwari” on the basis of the requisite /necessary documents as per the applicable rules. 6. The brief facts of the case as projected by the petitioner are that the petitioner is the regular student of Delhi Public School, Durg, District Durg, C.G. In the Aadhar Card of the petitioner his name is 3 / 5 mentioned as Avi Tiwari, S/o T.K. Tiwari. Since the petitioner wants to change his name as per the applicable rules of the Central Board of Secondary Education and the requisite documents were submitted before the concerned School, the concerned School forwarded the same to the C.B.S.E. and after due consideration the name of the petitioner has been changed from Avi Tiwari to Aadayant Tiwari. The petitioner participated in the 10th Board Examination and the mark-sheet has been issued in the changed name of the petitioner i.e. Aadayant Tiwari and the Driving License has also been issued in the said name. Thereafter, the petitioner approached before the Respondents No.2 to 4 for correction in his name in the Aadhar Card from Avi Tiwari to Aadayant Tiwari and also paid the requisite fees and the up-gradation of the Aadhaar Card was proceeded. Thereafter, Respondent No.3 asked to submit the documents and the petitioner submitted the requisite documents. However, even after expiry of about 03 months nothing has transpired and the name of the petitioner has not been changed in the Adhar Card and the petitioner has also submitted an application dated 27/08/2024 before the concerned authorities, however, the grievance of the petitioner has not been redressed. Hence this petition. 7. Learned counsel for the petitioner would contend that despite submission of the requisite documents the name of the petitioner has not been changed in the Adhar Card. He would next contend that the correction in the name or address etc has been proceeded in accordance with the rules of UIDAI and to proceed with the 4 / 5 changing name in the Adhar Card evidence of identity should be annexed i.e. Passport, Pan Card, Driving License, Voter ID, Ration Card, Govt. issued employee ID, Photocopy of passbook of bank and Photo ID from a recognized educational institutes of the student and the same have been submitted. He would next contend that after filing of the instant writ petition it was informed by the State counsel that apart from the change of name in school records the Gazette Publication is also compulsory and even after doing the Gazette Publication and submission of application before the respondent vide Annexure P/5 (Colly) the change of name in the Adhar Card has been refused. 8. Per contra, learned State counsel contended that the petitioner has not filed the Gazette Publication before the concerned authority at the time of filing of the application for change of name and since now the petitioner has filed the Gazette Publication, the instant writ
Decision
petition may be disposed of with a direction to the petitioner to again file Form No.3 along with 10th Class Mark-sheet; 11th Class Mark- sheet; Driving License; Gazette Publication (Annexure P/5); and birth certificate before Respondents No.2 & 3 and the same shall be considered and decided by the said authorities. 9. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 10. Considering the entire facts & circumstances of the case and especially considering the submission made by the State counsel, the 5 / 5 petitioner is directed to file Form No.3 along with 10th Class Mark- sheet; 11th Class Mark-sheet; Driving License; Gazette Publication (Annexure P/5); and birth certificate before Respondents No.2 & 3 within a period of three days from the date of receipt of copy of this order and after filing of Form No.3 by the petitioner, the Respondents No.2 & 3 in turn shall issue new Adhar Card and change the name of the petitioner therein from Avi Tiwari to Aadayant Tiwari within a period of 10 days from the date of filing of the said Form No.3, subject to verification of the documents. 11. With the aforesaid observation, the instant writ petition stands disposed of. 12. Certified copy today. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu