[Cites 2, Cited by 0]
Orissa High Court
Agastya Das vs State Of Odisha And Others .... Opposite ... on 23 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29978 of 2025
(In the matter of an application under Articles 226
and 227 of the Constitution of India)
Agastya Das .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case:-
For Petitioner : Ms. Sagarika Sahoo, Advocate
For Opposite Parties : Ms. J. Sahoo,
Learned Additional Standing
Counsel
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 26.11.2025 / date of judgment : 23.12.2025
A.C. Behera, J. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for directing the Opposite Parties for changing his
name and gender in the Mutation Certificate vide
Annexure-4 issued by the Opposite Party No.2 from
"Swagatika Das as grand-daughter" to "Agastya Das as
grandson."
2. The factual backgrounds of this writ petition, which
prompted the petitioner for filing the same is that, as per
order dated 26.03.2021 passed in W.P.(C) No.8177 of 2021
by this Court, the Director of Estate, General
Administration Department, Government of Odisha,
Bhubaneswar(Opposite Party No.2) mutated the land vide
Plot No.01 measuring 1/12th of an acre for an area of 70
feet x 55 feet corresponding to Revenue Plot No.62, Khata
No.2129 in Mouza-Goutam Nagar, Unit-VIII, Bhubaneswar
through an Order No.19089/CA Bhubaneswar dated
22.07.2021 in favour of the legal heirs of the deceased
lessee Santwana Das, i.e., Jana Kalyan Das, Jana Jagruti
Das, Mukta Das, Swagatika Das(petitioner), Shravani Das,
Nandita Priyadarsini Das and Jana Jyoti Das as per
Annexure-4. The name of the petitioner was indicated in Sl.
No.4 of the Annexure-4 as Swagatika Das.
3. Subsequent thereto, the petitioner diagnosed with
"Gender Dysphoric Syndrome" undergoing "Laparoscopic
Assisted Vaginal Hysterectomy with Bilateral Salphingo
Oopherectomy", i.e., a surgical procedure, to remove uterus,
cervix, fallopian tubes and ovarian 'SRS Stage'I, Bilateral
Mastectomy and Nac Grafting', breasts, at Appollo Cosmetic
Clinic, Chennai on dated 07.01.2019 and after aforesaid
successful surgical intervention, a certificate vide Annexure-5
series were issued in favour of the petitioner and
accordingly, the gender of the petitioner was changed from
female to male.
4. In pursuant to the surgery, the petitioner applied for
certificate as per Rule-6 of The Trans-gender
Persons(Projection of Rights) Rules, 2020 and Section 7 of
The Transgender Persons(Protection of Rights) Act, 2019
before the District Magistrate, Cuttack.
After making due enquiry, the District Magistrate,
Cuttack issued a certificate in favour of the petitioner
certifying that, the petitioner has undergone medical
intervention, i.e., SRS and the petitioner has changed his
gender from female to male, for which, he is entitled for
changing his name and gender in all official documents.
Accordingly, the District Magistrate, Cuttack issued identity
card as per law vide Annexure-6 series indicating the name
of the petitioner as "Agastya Das" and his gender as "male."
On the basis of the certificate and the identify card
issued by the District Magistrate, Cuttack in favour of the
petitioner as per Annexure-6 series, the petitioner applied
before different authorities for changing his name and
gender in the documents, such as, PAN Card, Passport,
Aadhar Card and accordingly, in the said documents his
name was changed from "Swagatika Das" to "Agastya Das"
and his gender was changed from "female" to "male". The
changed Pan Card, Passport and Aadhar VCard of the
petitioner are also included in Annexure-6 series. The
petitioner has made a Notification in the gazette of Tamil
Nadu State on dated 02.11.2023 in Tamil Nadu Gazette
declaring his changed name from "Swagatika Das" to
"Agastya Das" and he has also made a paper publication on
dated 02.11.2023 about the same in Annexure-8 series.
5. Thereafter, the petitioner made a representation on
dated 19.09.2025 before the Director of Estate, General
Administration Department, Government of Odisha,
Bhubaneswar(Opposite Party No.2) requesting him for
changing his name and gender in Sl. No.4 of the mutation
certificate vide Annexure-4 from "Swagatika Das" to
"Agastya Das" and also for changing his gender reflected
therein from grand-daughter to grandson, but, the Opposite
Party No.2 did not accept his representation. For which, he
(petitioner) sent the same through email, but, the said email
was bounced back with noting "recipient inbox full".
6. Then, without getting any way, the petitioner
approached this Court by filing this writ petition under
Articles 226 and 227 of the Constitution of India, 1950
praying for a direction to the Opposite Parties for changing
his name and gender in Sl. No.4 of the mutation certificate
vide Annexure-4 from "Swagatika Das" to "Agastya Das"
and his status as grand-daughter to grandson, on the basis
of his undergoing re-assignment surgery, certificate, PAN
Card, identity card and Aadhar Card issued by the District
Magistrate, Cuttack and other competent authorities as per
Annexure-6 series in his favour.
7. I have already heard from the learned counsel for the
petitioner and learned Additional Standing Counsel for the
State.
8. The law relating to the protection, safeguard,
development, security of the trans-genders and the duty of
the courts towards them like the petitioner as per law has
already been clarified by the Apex Court in the ratio of the
following decisions:-
(i) In a case between National Legal
Services Authority (NALSA) vrs. Union of
India : reported in 2014(2) Civil Law Times-
248 that, If a person has changed his/her sex
in the tune with his/her gender characteristics
and perception, which has become possible,
because of the advancement in medical science
and when that is permitted by in medical ethics
with no legal embargo, there is no impediment
in legal or otherwise in giving due recognition to
the gender identity based on the re-assign sex
after undergoing SRS.
Even in absence of any statutory regime in
this country, a person has a Constitutional right
to get the recognition as male or female after
SRS, which was not only his/her gender
characteristics, but, has become his/her
physical form as well.
By recognizing such transgenders as third
gender, they would be able to enjoy their human
rights, to which, they are largely deprived of for
want of this recognition.
Therefore identification becomes very
essential component, which is required for
enjoying civil rights by this community.
It is only with this recognition that, many
rights attached to the sexual recognition as
„third gender‟ would be available to this
community more meaningfully, viz, Right to
vote, right to own property, Right to marry,
Right to claim of formal identity through a
passport, Ration Card, driving license, right to
education, Employment, Health so on.
Therefore, State and Center to grant legal
recognition to their gender male/female.
(ii) In a case between Jane Kaushik vrs.
Union of India(S.C.) decided in a Writ
Petition(Civil) No.1405 of 2023 dated
17.10.2025 that, guidelines formulated by the
Apex Court directing the State and other
authorities for the protection, safeguard,
development and security of the transgenders,
those were originally transgenders or those have
changed their sex through surgical intervention.
9. Here, in this matter at hand, when as per Section 7 of
the Transgender Persons(Protection of Rights) Act, 2019
and as per Rule-6 of the Trans-gender Persons(Protection of
Rights) Rules, 2020, the District Magistrate and other
authorities under law have issued certificate, identity card,
PAN Card, Passport and Addhar Card in favour of the
petitioner as per Annexures-5 and 6 series changing the
name and gender of the petitioner from "Swagatika Das" to
"Agastya Das" and his status from "Female" to "Male" and
when, as per law, the petitioner has already been
recognized as male and his name of as "Agastya Das" in the
aforesaid official documents lawfully and when, all the
Courts have their legal duties to pass orders for the
protection, safeguard, development, security of the
transgender/persons, those change their characteristics
through SRS like the petitioner for their over-all protection,
safeguard, right to vote, right to own property, Right to
marry, Right to claim a formal identity through a passport,
Ration Card, driving license, right to education,
Employment, Health and others, then at this juncture, by
applying the principles of law enunciated by the Apex Court
in the ratio of the aforesaid decisions to this writ petition at
hand filed by the petitioner, I find no justification to
disallow this writ petition filed by the petitioner.
Therefore, this writ petition filed by the petitioner is to
be allowed and necessary directions can be issued to all the
Opposite Parties specifically to the Director of Estate,
General Administration Department, Government of
Odisha, Bhubaneswar(Opposite Party No.2) for changing
the name of the petitioner in Sl. No.4 of Annexue-4 from
"Swagatika Das" to "Agastya Das" and his status therein
from grand-daughter to grandson.
10. In result, the writ petition filed by the petitioner is
allowed.
All the Opposite Parties including the Director of
Estate, General Administration Department, Government of
Odisha, Bhubaneswar(Opposite Party No.2) are directed for
changing the name of the petitioner in Sl. No.4 of the
Annexure-4(Mutation Certificate) from "Swagatika Das" to
"Agastya Das" and his status/gender therein from "grand-
daughter" to "grandson" within a period of fifteen days from
the date of production of certified copy of this judgment by
the petitioner before the Opposite Party No.2 and to issue a
changed / corrected mutation certificate stating the name
of the petitioner in Sl.No.4 of Annexure-4 (Mutation
Certificate) as "Agastya Das" and his status as grandson.
11. As such, this writ petition filed by the petitioner is
disposed of finally.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
The 23rd of December, 2025/ Jagabandhu, P.A.
Designation: Personal Assistant
