1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1803 OF 2006 Jayesh Ratilal Balsara Petitioner vs. Union of India & anr. Respondents Mr.Manish Mistry i/b.M/s.M.P.Vashi & Associates for the petitioner. Mr.R.C.Master for the respondents 1 and 2. Mr.K.R.Belosey, AGP for the respondent no.3. CORAM : F.I.REBELLO & ANOOP V. MOHTA,JJ. DATED : 22nd September, 2006 P.C. The petitioner has prayed in the present writ petition that his passport No.E-2945951 issued on 2.8.2002 which is valid upto 1.8.2012 be amended and the date of birth be corrected as 17.3.1958 instead of 17.6.1958. 2. The petitioner has averred that through a bonafide mistake his date of birth has been shown as 17.6.1958 instead of 17.3.1958. He was born at Valsad. He has in his possession a certificate of birth issued by Valsad Municipality and the Department of Public Health, Government of Gujarat, showing the correct date of birth as 17.3.1958. The said entry was made under Section 17 2 of the Registration of Births and Deaths Act, 1969. As the mistake therefore reflected in the passport, the petitioner, requested the respondents to correct the same. However, the Officer refused to correct, for want of a Court order. 3. The respondents have filed an affidavit. There is no such bar pointed out in the said affidavit that the authority cannot correct the date of birth in the passport. On the contrary, as per the circular dated 18.4.2001, a civil order from a Competent Court, certifying the valid date of birth/place of birth need to be obtained by the parties. 4. The reliance has been placed on J.H.Shah vs. Union J.H.Shah vs. Union J.H.Shah vs. Union of of of India, India, India, 2001(1) Mh.L.J. 483, 2001(1) Mh.L.J. 483, 2001(1) Mh.L.J. 483, wherein a Division Bench of this Court has directed the Passport Authority to hold an enquiry in the matter; and after hearing the parties and in case the Passport Authority satisfies with regard to the claim put forthwith by the parties, the necessary changes be made in the Passport already issued. 5. After considering the facts of the present case and the judgement in J.H.Shah (supra), we are of the view that the Respondents-Authority should hold an enquiry by itself and /or through the Police Agency and after 3 hearing the petitioner and subject to their satisfaction, a necessary change be made in regard to the date of birth. The matter be disposed of within a reasonable time without delay. 6. With the above observation, petition stands disposed of accordingly. No order as to costs. ( F.I. REBELLO, J.) F.I. REBELLO, J.) F.I. REBELLO, J.) ( ANOOP V. MOHTA,J. ) ANOOP V. MOHTA,J. ) ANOOP V. MOHTA,J. )