Sanjay S/O. Laxman Uikey v. Municipal Corporation Nagpur Thr. Its Registrar Of Birth And Death Dept., Nagpur

2026:BHC-NAG:5799-DB 5.wp.5993.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5993 OF 2024 Sanjay S/o. Laxman Uikey .Vs.

Municipal Corporation, Nagpur _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

None for the petitioner/s Mr J. B. Kasat, Advocate for respondent CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATED : 15 th APRIL , 2026 .

In the present writ petition, the challenge is raised to the communication dated 08/01/2024, refusing the request to correct the name of deceased 'Dashrath Lakhma Uike' as 'Dashrath Shivaji Uike'.

2.

Having gone through the record and the reply filed by the respondent today, it is evident that the person in whose name the death certificate was issued i.e. Dashrath Lakhma Uike died on 17/04/1973, the said death was registered on 19/04/1973 and accordingly, the death certificate was issued.

3.

The whole case of the petitioner for change of name is based on the sale deed and Gazette Notification dated 19-25/03/2020.

5.wp.5993.2024.odt 4.

The respondent submits that since there is no evidence that 'Dashrath Lakhma Uike' and 'Dashrath Shivaji Uike' are one and the same person, the prayer of the petitioner in respect of change of name in the death certificate, cannot be accepted.

5.

In view of the above, we are of the view that it is a matter of evidence to be led to establish that both the persons 'Dashrath Lakhma Uike' and 'Dashrath Shivaji Uike' are one and the same.

6.

In the circumstances, as this Court, under the jurisdiction under Article 226 of the Constitution of India, cannot enter into any disputed question of fact and decide the same or any dispute which requires to lead evidence, we are of the opinion that the prayers as sought in the present petition cannot be granted.

7.

In that view of the matter, the writ petition is disposed of, with liberty to the petitioner to file appropriate proceedings before the appropriate forum, as permissible in law. Pending applications, if any, also stand disposed of. No order as to costs.

[RAJ D. WAKODE, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 15/04/2026 18:19:35