IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10370 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE KUNDAN SINGH ============================================================ 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 Civil Judge? : NO -------------------------------------------------------------- JATIN CHANDULAL KADIA Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: MR AM PAREKH for MR AG JOSHI for the petitioner. MR DN PATEL Sr. Central Government Standing Counsel for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE KUNDAN SINGH Date of decision: 05/11/2001 ORAL JUDGEMENT Rule. Mr. D.N. Patel, Sr. Central Govt. Standing Counsel appears on behalf of the respondent and waives service of rule on behalf of the respondent. 2. This petition has been filed for a direction to the respondent authority decide the application filed by the petitioner for issuance of new passport with correct birth date of the petitioner as 10-11-1975 in place of 10-08-1975. 3. It is stated that due to inadvertence wrong birth date of the petitioner has been mentioned in the school leaving certificate as 10-08-1975. The petitioner has already moved an application before the respondent for issuance of fresh passport, as aforesaid. But the respondent has not decided the aforesaid application of the petitioner as it has no power or authority to make such correction with regard to the birth date of the petitioner while issuing fresh passport unless and until some order is passed by the competent Court of Law. 4. In the facts and circumstances of this case and considering the submissions made by the learned counsel for the parties as well as material on record, this petition is being disposed of with a direction to the respondent to consider and decide the petitioner's application for issuance of fresh passport showing the correct as 27-08-1964 in the passport to be issued by the respondent in accordance with law and on the basis of the material on record including the birth certificate issued by the competent authority, as far as possible preferably within a period of one month from the date of receipt of writ of this Court or certified copy of this order whichever is earlier. The respondent authority would be at liberty to pass appropriate order with regard to the costs of the proceeding. 5. With the above directions and observations, this petition is disposed of. Rule is made absolute to the aforesaid extent, with no order as to costs. D.S. is permitted. -0-0-0-0-0- /JVSatwara/