Swapnil Shivaji Deshmukh Old Name Sakharam Shivaji Wayal v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:5857-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO. 2606 OF 2024 SWAPNIL SHIVAJI DESHMUKH OLD NAME SAKHARAM SHIVAJI WAYAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Shri K.R. Doke, Advocate for the Petitioner.

Shri R.S. Wani, AGP for Respondents 1 to 3 and 5 to 7/State. ...

CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATE :- 13th March, 2024 Per Court :- 1.

The Petitioner has put forth prayer clauses B and C as under:- "B.

By issuing appropriate writ order or direction in the like nature; the respondent No. 2 to 7 may kindly be directed to effect the change in the name of petitioner as per the Govt. Gazette published on 14/10/2020 thereby substituting his name as Swapnil S/o. Shivaji Deshmukh instead of Sakharam Shivaji Wayal.

C.

Pending hearing and final disposal of this writ petition, the respondent No. 2 to 7 may kindly be directed to grant provisional certificate of S.S.C. and Diploma Certificate of Polytechnic, as well as the caste certificate and validity certificate in the new name as Swapnil S/o.

Shivaji Deshmukh instead of Sakharam Shivaji

*2* Wayal."

2.

We have perused the Maharashtra Government Gazette Part-II, Thursday to Wednesday, October 8-14, 2020, wherein, the Petitioner's request for change of name from Sakharam Shivaji Wayal to Swapnil Shivaji Deshmukh has been published. The Petitioner relies upon the judgment of this Court in Shubham Dhananjay Kale vs. Secretary, Central Board of Secondary Education, Chennai, AIR Online 2021 Bombay 1988.

3.

The learned AGP has opposed this petition on the ground that the Petitioner has voluntary changed his name. 4.

Considering the law laid down in Shubham Dhananjay Kale (supra), this Writ Petition is allowed in terms of prayer clauses B and C.

5.

The Petitioner shall follow the due procedure for seeking change of name, in the documents, as set out in the prayer clauses. Requisite fees would be deposited in accordance with the Rules. We expect the Authorities, before whom the Petitioner would tender applications for change of name, to do the needful within 30 days of filing of such applications.

*3* 6.

Needless to state, whichever documents in which the Petitioner desires change of name, he shall be bound to surrender the original document and on this condition, a fresh document would be issued.

kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )