IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 14584 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? -------------------------------------------------------------- PATEL JIGNESHKUMAR GHANSHYAMBHAI Versus REGIONAL PASSPORT AUTHORITY -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 14584 of 2003 MR AM PAREKH for Petitioner No. 1 MR AG JOSHI for Petitioner No. 1 MR DN PATEL for Respondent No. 1 NOTICE SERVED BY DS 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 date of birth was initially recorded incorrectly as 27.6.1977 and place of birth as Kherwadi on the basis of his school leaving certificate in the passport, which was issued to him (No. A-8128239). Thereafter the petitioner has come to know that his correct date of birth is 27.8.1977 and the place of birth is 'Shankerpura' 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 date of birth as well as 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 on 27.6.1977 and his place of birth was shown as Kherwadi. 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 date of birth of the petitioner is 27.8.1977 and the place of birth is Shankerpura, a new passport stating the correct details 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 on 27.8.1977 at Shankerpura. If the authority is satisfied that the correct date of birth of the petitioner is 27.8.1977 and his place of birth is Shankerpura, I am sure that the authority shall issue a new passport recording correct details as regards date of birth as well as place of birth. 6. In the instant case, only on account of incorrect information given by the petitioner to the respondent, the date of birth was recorded as 27.6.1977 and the place of birth as Kherwadi. The respondent authority will have to issue a new passport if it is found that the date of birth and 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.) (hn)