IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4705 of 2009 Between: Syed Abdul Rahman Hashmi @ Syed Abdul Rahman S/o. Syed Abdul Mabood Hashmi @ Syed Abdul Mabood Presently R/o. Plot No.43, H.No. 9-3-58/B/43, Ahmed Colony Moti Darwaza, Golconda Fort, Hyderabad - 500 008. ..... PETITIONER AND The Regional Passport Officer, Office of the Regional Passport Office, Near Prashant Theatre, Clock Tower, 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 pass an order of writ particularly writ in the nature of Mandamus, declaring the action of the respondent officials in refusing to receive the application of the petitioner dt. 20.02.2009, for rectification of the wrong date of birth of the petitioner 04.11.1985 as shown in the existing passport bearing No A5291826, to that of his correct date of birth as 14.11.1987 and to change the name of the petitioner "Syed Abdul Rahman S/o. Syed Abdul Mabood" as existing in passport to that of his correct changed name 'Syed Abdul Rahman Hashmi S/o. Syed Abdul Mabood Hashmi' as existing in the SSC marks memo and in Deed Pole Affidavit, and to change the address from H.No. 9-10-348, Risala Bazar, Golconda, Hyderabad to the present address Plot No. 43, H.No.9-3-58/B/43, Ahmed Colony, Moti Darwaza Golconda Fort, Hyderabad and asking the petitioner to bring the "Decree from the Competent Civil Court" to that effect without issuing the same by renewing it and correcting the date of birth, name and address as arbitrary, illegal and high handed on the part of the respondent and pass. Counsel for the Petitioner :MR.BAJRANG SINGH THAKUR Counsel for the Respondent No.: MR.P.VENUGOPAL The Court made the following : ORDER: This writ petition is filed by the petitioner challenging the action of the respondent – Regional Passport Officer, Secunderabad in refusing to receive his application dated 20.2.2009 for rectification of wrong date of birth in his passport and for changing his name and address. Heard the learned counsel for the petitioner and Sri Penjuri Venugopal, learned counsel appearing for the respondent passport officer and their request the writ petition is taken up for final disposal at the admission stage itself. The case of the petitioner is that he was born on 14.11.1987 and the same is clearly shown in his SSC marks memo. His father approached an agent for getting the passport and signed wherever the agent directed him to sign and that agent has entered wrong date of birth and place of residence in his application and he is not aware of the same till recently. It is also stated that at the time when his father made the application for passport, they were residing at Risala Bazar, Golkonda, Hyderabad and thereafter they changed the residence to the present place. Therefore, he made an application to the respondents tot take back his existing passport and to issue a new passport by correcting his date of birth, his father’s name and the present address but the respondent refused to receive the same and directed him to obtain a decree from the competent civil court and hence this writ petition. The learned counsel for the petitioner submits that the Passport Officer is entitled to change the date of birth and place of residence in the passport on an application made by the applicant and, therefore, the application/representation of the petitioner may be directed to be considered in accordance with law, for which course of action the learned counsel for the respondent also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the respondent – Passport Officer to consider and dispose of the representation/application of the petitioner dated 20.2.2009 expeditiously. N.V.RAMANA,J DT.6.3.2009 msv