THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.694 of 2008 Date: 5th February, 2008 Between :- Syed Samiullah .. Petitioner And The Union of India, Rep.by its Regional Passport Officer, Hyderabad .. Respondent THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.694 of 2008 ORDER:- This Court ordered Notice Before Admission on 22- 1-2008. 2. Heard the Counsel on record. 3. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondent in refusing to entertain the application of the petitioner for a fresh passport with correct date of birth as illegal, arbitrary and contrary to Rule 5 of the Passport Rules and further declare that the petitioner is entitled for fresh passport with correct date of birth and consequently direct the respondent herein to issue a fresh passport with correct date of birth to the petitioner by entertaining the application of the petitioner for fresh passport and pass such other suitable orders. 4. Several facts had been narrated in the affidavit filed in support of the Writ Petition. Further reliance was placed on an Order made by this Court in W.P.No.23035/2003 dt.22-1-2004. In the said Order, the learned Judge of trial Court observed as hereunder:- “In that view of the matter, I dispose of the Writ Petition, permitting the petitioner to submit an application to the respondent authorities within a period of four weeks from the date of receipt of this order, for issuance of fresh passport with correct date of birth as 10-6-1978, along with necessary fee, by enclosing evidence in support of his claim. If such an application is filed, the respondent authorities are directed to receive the same and verify the records regarding date of birth of the petitioner. If the respondents are satisfied that there is an error crept in the passport issued to the petitioner earlier, with regard to his date of birth, fresh passport with correct date of birth be issued to the petitioner, subject to condition of surrendering the passport issued earlier. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.” 5. In the light of the same, the present Writ Petition also is disposed of permitting the petitioner to submit an application to the respondent authorities within a period of four weeks from the date of receipt of a copy of this order, for issuance of fresh passport with correct date of birth along with necessary fee by enclosing evidence in support of his claim. If such an application is filed, the respondent authorities are directed to receive the same and verify the records regarding date of birth of the petitioner and if the respondent authorities are satisfied that there is an error crept in the passport issued to the petitioner earlier with regard to his date of birth, fresh passport with correct date of birth be issued to the petitioner, subject to condition of surrendering the passport issued earlier. 6. Subject to the above direction, the Writ Petition is disposed of. No order as to costs. __________________ Justice P.S.Narayana 5th February, 2008 smr