IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12935 of 2008 Between: Md.Ilyaz Hussain S/o.Late Md.Imtiyaz Hussain R/o.12-11-1663/3, Ambernagar Jamia Osmania, Hyderabad ..... PETITIONER AND The Regional Passport Officer, passport office Secunderabad .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue the writ or order more particularly writ of mandamus declaring the action of the respondent not considering the representation of the petitioner for correction of date of birth and mother name in the passport and not making the change of date of birth and mother name in passport as arbitrary, illegal, null and void and apart from the letter and spirit of the Constitution of India and consequently direct the respondent to correct the date of birth as 29.3.1985 and his mother name as " ISHRATH SULTANA" instead of date of birth 3.3.1981 and his mother name "RAAFAT SULTANA" in the passport bearing No.E5221238 of the petitioner and pass Counsel for the Petitioner:MR.MOHD.ABDUL SAMAD Counsel for the Respondent No.: . The Court made the following : ORDER This writ petition has been filed by Md.Ilyaz Hussain assailing the action of the respondent in not considering his representation for correction of date of birth and mother’s name in the passport. Notice before admission has been ordered and service has been effected on the respondent. Respondent did not choose to enter appearance either in person or through a counsel. Heard the learned counsel appearing for the petitioner and perused the material brought on record. It is the case of the petitioner that he obtained passport through an agent vide passport No.E 5221238 issued on 26.5.2003. His date of birth and mother’s name were wrongly shown as 3.3.1981 and Rafat Sultana respectively. He submitted an application for correction of his date of birth as well as his mother’s name. He enclosed the date of birth certificate issued by the Board of Secondary Education wherein his date of birth is shown as 29-3-1985 and his mother’s name as Ishrath Sultana. When his application is not being considered, he approached this Court assailing the action of the respondent. Learned counsel appearing for the petitioner submits that the case of the petitioner squarely comes within the circular dated 18.4.2001 issued by the Government of India, Ministry of External Affairs pursuant to the judgment of the High Court of Judicature at Bombay in Civil Writ Petition No.1072 of 2000. The issue with regard to correction of passport basing on the circular issued by the Central Government fell for consideration before this Court in W.P.No.27447 of 2007 (Moh.Abdul Wahed Nawaz vs., The Regional Passport Officer), wherein it has been held as follows: “In the light of the facts and circumstances, the action of the respondent is not just and proper. In the light of the same, the writ petition is disposed of directing the respondent to receive application from the petitioner for issuance of a fresh passport changing petitioner’s date of birth and name as specified in the relief prayed for in the writ petition and take appropriate action in accordance with law in the light of the decisions specified supra and the Circular referred to above, within a period of four weeks from the date of receipt of a copy of this order. No order as to costs.” Since the petitioner claims that his case comes within the guidelines issued by the Government of India, Ministry of External Affairs vide circular dated 18.4.2001, this writ petition is disposed of directing the respondent to consider the representation of the petitioner and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. No costs. __________ 14-07-2008 rkk