IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 14070 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- MANUBHAI RANCHHODLAL PATEL Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 14070 of 2003 MR UM SHASTRI for Petitioner No. 1 MR DN PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.R.DAVE Date of decision: 15/10/2003 ORAL JUDGEMENT RULE. Service of rule is waived by learned advocate Shri N.J. Shah appearing for Shri D.N. Patel, Sr. Standing Counsel. At the request of the learned advocates, the petition is finally heard today. 2. The grievance of the petitioner is that his place of birth was initially recorded incorrectly as Jhulasan in the passport, which was issued to him. The said information was stated in the passport on the basis of information given by the petitioner at the time of filing up his passport application form. Thereafter the petitioner has come to know that his correct place of birth is Paliyad as recorded in the Register of Births and Deaths maintained under the provisions of Registration of Births and Deaths Act, 1969. 3. In the circumstances, the petitioner wants that his correct place of birth be recorded in the passport, which might be issued to him. 4. In pursuance of notice issued by this Court, learned advocate Shri N.J. Shah has appeared and has submitted that on the basis of information given by the petitioner in the past, in the passport which had been issued to the petitioner, it was stated that the petitioner was born at Jhulasan. Now the petitioner has come with a different case. However, it has been submitted that if the petitioner submits an application for making corrections, his application will be looked into and after considering the evidence adduced by the petitioner, if the authority is satisfied that the correct place of birth of the petitioner is Paliyad, a new passport stating the correct place of birth shall be issued to him. 5. Looking to the facts of the case, the petitioner is directed to submit an application to the respondent authority with relevant documents and evidence to show that the petitioner was in fact born at Paliyad. If the authority is satisfied that the correct place of birth of the petitioner is Paliyad, I am sure that the authority shall issue a new passport recording the correct place of birth. 6. In the instant case, only on account of incorrect information given by the petitioner to the respondent, the place of birth was recorded as Jhulasan. The respondent authority will have to issue a new passport if it is found that the place of birth stated by the petitioner while applying for his passport was incorrect. The respondent authority will be put to difficulties because of a mistake committed by the petitioner and therefore the petitioner is directed to pay a sum of Rs.5,000/- by way of costs to the respondent. 7. In view of the above direction, the petition stands disposed of as allowed. Rule is made absolute to the above extent. D.S. permitted. (A.R. Dave, J.) siji