Orissa High Court
Purna Chandra Sahu vs State Of Odisha And Others on 2 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23930 of 2023
Purna Chandra Sahu .... Petitioner
Mr. E. Agarwal, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. A.Pr. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 02.08.2023
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ application as well as
documents annexed thereto.
3. The present writ petition has been filed by the petitioner
with the following prayers:
"It is there prayed that your Lordships may
graciously be pleased to admit the writ petition,
issue notice to the opposite parties calling upon to
show cause as to why the names of the parents of the
petitioner shall not be changed by incorporating the
names of his natural parents in all his original
certificates with immediate effect;
And in the event, the opposite parties fail to
show cause or show insufficient cause the names of
the parents of the petitioner be changed by
incorporating the names of his nature parents in all
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his original certificates with immediate effect;
And may pass any other order(s), direction(s),
relief(s) as may deem fit and proper;"
4. It is submitted by learned counsel for the petitioner that the
name of the petitioner's father pursuant to the decree passed by
the learned Civil Judge (Jr. Division), Balangir in C.S. No.78 of
2016, which was disposed vide judgment dated 26.07.2018.
Learned Civil Judge (Jr. Division), Balangir while disposing of
the suit has categorically held that the defendant-petitioner is not
a adopted son of the plaintiff. In such view of the matter, learned
counsel for the petitioner submitted that the petitioner was
earlier using the adopted 'surname'. After disposal of the suit
whether the claim of adoption negatived by the Civil Judge (Jr.
Division), Balangir. Now, he is using the original 'surname'.
Accordingly, necessary arrangement shall be made to change the
'surname' of the petitioner is required to be changed in the
certificate of the son of the petitioner issued by the Board of
Secondary Education, Odisha. Although learned counsel for the
petitioner submitted that the petitioner has approached the Board
of Secondary Education, Odisha, however, they have refused to
carry out the correction on the ground that the Board of
Secondary Education, Odisha is not a party in the suit.
Accordingly, the petitioner has approached this Court by filing
the present writ application for a direction by showing Advocate
brief to the Opposite Party Board of Secondary Education,
Odisha to carry out the correction of certificates the name of the
father of the petitioner.
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5. Learned Additional Standing Counsel for the State
submitted that since in the present case Board of Secondary
Education Odisha has to take a decision, the State Opposite
Parties have no role to play in the present case. He further
submitted that the petitioner has approached the Board of
Secondary Education Odisha by serving Annexure-2 series to
the writ application. In such view of the matter, learned
Additional Standing Counsel for the petitioner submits that he
has no objection, if a direction is given to the Board of
Secondary Education Odisha-Opposite Party No.2 to consider
the case of the petitioner strictly in accordance with law and the
guidelines in this regard keeping in view the decree of the
learned Civil Judge (Jr. Division), Balangir within a stipulated
period of time.
6. Considering the submissions made by learned counsels
appearing for the respective parties, further careful examination
of the background facts of the present case, this Court disposes
of the writ petition at the stage of admission with a direction to
the Board of Secondary Education Odisha-Opposite Party No.2
to consider the case of the petitioner strictly in accordance with
law and the guidelines of the Board and keeping in view the
judgment passed by the learned Civil Judge (Jr. Division),
Balangir decree and pass necessary orders. Further, it is directed
that in the event there is no other legal impediment then the
necessary consideration of action be taken to the decree of the
learned Civil Judge (Jr. Division), Balangir to carry out the
correction in the name of the father of the petitioner in the
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certificate issued by the Board within a period of two months
from the date of communication of the certified copy of this
order.
7. With the aforesaid observation/direction, the writ petition
is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Jagabandhu
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 04-Aug-2023 19:07:58
