High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction, more so in the nature of writ of Mandamus in declaring the impugned order dated 15 05 2025, Rc/AMOH/GHMC/2025 passed by Respondent No.4 in pursuant to order dated 03.04.2025 in W.P No. 9977 of 2025 which is completely irrational, unreasoned, without justification and enquiry and in utter disregard to procedural impropriety by not cancelling the wrongly entered date of birth i.e.., 12-05-2003 in the register considering the genuine date of birth i.e., 12-02-2003, inadvertently/erroneously registered/issued under Book No.12, Sl.No. 80 as per sec ',l5 of The Regiskation of Births And Deaths Act, 1969, which is subject matter of this writ petition, as arbitrary, illegal, deliberate dereliction of duty and violation of the fundamental rights of Petitioner, more particularly Article 14 and Article 21 of the Constitution of lndia and consequently direct. the Respondent No.4, forthwith cancel the erroneous entry of Petitioner's date of birth as 12.05.2003 in the birth register under Book Nr).'12:, Sl.No Deaths Act, 19rl{) 80 as per Sec .15 of The Flegistrat on Of Births And IA NO: 1 0F 2025 Petitior*rrir:'Section 151 cpc praying that in the circurrstances stated in the affidavit fi ed , s;upp6rt of the petition, the High court may be preased to direct Respondent rrcrr: ';oecrfica[y Respondent No. 4 to cant;er the e,roneous entry of Petitioner's dirtc o1 birth as -12.05.2003 in the birth register unrier Book No.12, sl No B0 as per {)ec 1 5 0f The Registration of Birth,s A nd D eaths Act, 1 g6g pending disporsal :f the above writ petition. counsel for the Ft:r:itioner: sRl KUTURU RAVTNDER REDDy.pR.ATAp REDDY counset for the Re:;pondent No.'r: cp FoR rrrci-r_ abr,,,ru & ,RB,AN DEV Counset for the Rtx;pondent Nos.2 fO ar Sif Snf flfVnS nnO pt,CHWA, SC FOR GHMC The Court made th€ following: ORDER d HONOURABLE SRTIUSTICE B. VIIAYSEN REDDY WRITPETITION No.16673oF 2025 ORDER: (oRAL) This writ petition is filed by the petitioner seeking the following relief: "...to issue writ or order or direction, more so in the nature of Writ of Mandamus in declaring the impugned order dated 15.05.2025, Rc /AMOTVGHMC/2l25 passed by Respondent no.4 in pursuant to the order dated 03.04.2025 in W.p. No: 9977 of 2025 which is completely irrational, unreasoned, without jurisdiction and enquiry and in utter disregard to procedural impropriety by not cancelling the wrongly intered date of birth i.e.., 12-05-2003 in the register considering the genuine date of birth i.e., 12-02-2003, inadvertently/ erroneously registered/issued under Book No.l2, Sl. No: g0 as per Sec 15 of The Registration Of Births And Deaths Act, 1969, which is subject mafter of this writ petition, as arbirrary, illegal, deliberate dereliction of duty and violation of the fundamental rights of Petitioner. . . "

2. Heard Mr. Kuturu Ravinder Reddy, learned counsel for the petitioner; Mr. Srinivas Rao pachwa, leamed Standing counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

3. In the eakier round of litigation, the petitioner filed W.p. No.9977 of 2025 aggrieved by the action of respondent authorities in not cancelling his wrong date of birth certificate inadvertently and erroneously registered under the Book No.l2,-Sl. No.gO, as per the 2 '.t Section lli ,1'tre Registration of Births and Deaths Acr, 1tr69 (for short 'Act'). Tlre sa iC writ petition was disposed of by order dated 03.04.2025 directing .h.: ;'t:s;pondent authorities to consider the appli<ration of the peiitioner date,l 24.02.2025 for correction of his cate of birth as

12.02-200-i u.hL<;h was wrongly recorded as r2.cr5.2003 in the birth register.

4. Pursuanl trt the above order dated 03.04.202:;, it appr:ars enquiry was condu'ct:<l rurd the impugned order dated 15.05 2015 *,r rs passed by respondent r'Jc'.r. In the impugned order, it was rec')rded thrt as per the norms of th() t\3t, a genuine entry in the register of births and deaths cannot be c ar c c,lled. Respondent No.4 referred to the first birth certificate lrerrir6; registration No.554 dated22.05.2()03 and r,,econd birth certificated be:r'rrLg registration No.25 dated 06.01 .2006 and held that as per the first birrh certificate which is genuine, the date of birth is

12.05.2003 anrl as per the second birth certificate, the date of birth is

12.02.2003. 5 Learnerl c('unsel for the petitioner contended that r,:spo ndent No.4 failed to <[is,cl,:se reasons for issuing the impugnerl pr.oceedings That proper e'r<1uiry was not conducted and the docurnents su bmitted by J n the petitioner were not considered. Leamed counsel submiffed that as per Section 15 of the Act, respondent No.4 has the power to cancel the erroneous entry and he failed to exercise such power. It is also submitted that several public documents like Secondary School Certificate (SSC), Aadhaar Card and Driving licence issued by the Regional Transport Authority, Govemment of Telangana, certificate dated 14'02'2025 issued by Pushpa Maternity and Nursing Home, confirming that the petitioner was bom on 12.02.2003 were not considered by respondent No'4' 6 Leamed Standing Counsel for GHMC submitted that there are two birth certificates of the petitioner which were got registered by his family members. That proper enquiry was conducted by respondent No'4 and the order v/e Rc.No.niyAMOfVGHMCl2}l5 dated 15'05'2025 was passed. If the petitioner is aggrieved thereby, the remedy available for the petitioner is'to file a civil suit to declare that the birth certificate that showsthedateofbirthofthepetitionerasl2.02.2oo3isgenuine. There are no merits in this writ petition and the same is liable to be dismissed.

7. This Court perused the documents filed by the petitioner along with the writ affidavit and none of the documents showing his date of -'it 4 \ birth as 1:1.0?:003 have been considered by respondent 1,tro.4. If the documents relied upon by the petitioner were not to be aqsr,:pted, it was incumbent up:r respondent No.4 to record the findings in that regard. Instead, a cryrt t: order was passed stating that the first birh certificate showing the dat: of birth of the petitioner as 12.05.2003 is g.:nuine and a genuine entrv cannot be cancelled. The issue befitre ;-esp,rndent No.4 was, whiclL bi -Jr certificate was genuine. Section 15 of the {ct reads as under: "15. t3,orrection or cancellation of entry in the registr:r of birth; a,rul deaths.-If it is proved to the satisfaction c,f the Reg',istrrr that any entry of a birth or death in an.r regisrer kept by ltirn rurrler this Act is erroneous in form or substance. c,r has been li:rudulently or improperly made, he may, subject to such rule s ,r: nury be made by the State Government lvith resp(.,ct to the conclitions on which and the circumstances Ln which such entries rra_v- be corrected or cancelled, correcl the err()r or can;er :h: entry by suitable entry in the margin, rvithour any altcra, ior cf the original entry, and shall sign the marr3inal entr) rnd add thereto the date of the r:orrectioll or canr)e lit.icn. " From the rr:adinlr of the above provision, it is clear that respondent No.4 has the po.,rlor t I cancel the entries made in the register o i' births and deaths

8. [n th: ,:ircumstances, this writ petition is allowed. Thr: impugned order vide Rr:.\lrr niI/AMOIII GIIMC/2025 dated, 15.05.202j passed by ,7./ 5 respondent No.4 is set aside and the matter is remanded back to respondent No.4 for reconsideration. Respondent No.4 shall consider all the documents submitted by the petitioner by giving him an opportunity of he.aring and pass appropriate orders in accordance with law' The petitioner is given liberty to fumish additional documents to prove his correct date of birth. This exercise shall be completed by respondent No.4 within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs' As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed ,,TRUE COPY/' ,:85+"'-?3't+RiR lcER d Urban DeveloPment To

1. 2 The PrinclPa lsecretary' MuntclP al Adm inistration Depadment' Sec retariat Hyderab ad, State of Telang ana The Commissione r CC ComPlex Lower lanK bund, Greate r HYderabad The Zon al Commlssioner Circle 5, Greater Hyderabad Municipal Corporation' MunictP al CorPora tion, HYderabad Hyderabad Assistant MedicaI Healt UTUR Y, Advocate URBAN DEV, High Court for the State derabad PRATAP REDD h Officer' U nRVtt't DER Circle 14, G REDDY 4 5 One CCtoSRl K HMC, HY gl*gt*:'tf,f;U+'*'roitHWA, SC FOR GHMC IOPUCI 6 7 o PSK BS s *s HIGH GOURT DATED:1 8l06l2tt)25 ORDER WP.No.16673 of 2025 I l I CC TODAY -laritrtt S 14 ? ' lt ''l 2025 r\ O * ALLOWTNG'TIIIE WRIT PETITION WITHOUT COSiTS CDor'4 W