IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8160 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 -------------------------------------------------------- SOMABHAI KUNWARJIBHAI PATEL Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: MR MM TIRMIZI for Petitioner No. 1 MR DN PATEL Sr. Central Govt. Counsel for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE KUNDAN SINGH Date of decision: 21/09/2001 ORAL JUDGEMENT Rule. Mr. D.N. Patel, learned Sr. Central Government 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 to issue passport with necessary correction with regard to his name from Somabhai Kunvarji Patel to Somabhai Kunvarjibhai Patel and the date of birth from 05-07-1952 to 11-07-1953 as mentioned in the birth certificate. 3. It is also stated that due to some inadvertence date of birth and name of the petitioner has been wrongly mentioned in the passport issued by the respondent. The petitioner has moved the application dated 16-7-2001 before the respondent authority for the very purpose but the same has not been decided saying that the respondent has no authority or power to make correction with regard to birth date and name of the petitioner in the passport unless any order is passed by the competent authority in this respect. The learned counsel for the petitioner has referred to the birth certificate of the petitioner issued by the authority concerned. 4. In the facts and circumstances of this case, this petition is being disposed of finally by directing the respondent to consider and decide the aforesaid application filed by the petitioner on the basis of the material and evidence on record including the birth certificate produced by the petitioner in accordance with law with regard to correction of the petitioner's name from Somabhai Kunvarji Patel to Somabhai Kunvarjibhai Patel and the date of birth from 05-07-1952 to 11-07-1953 as mentioned in the birth certificate and to issue passport with necessary corrections with regard to the her birth date and name as stated above, as expeditiously as possible preferably within a period of one month from the date of presentation of a certified copy of this order. The respondent authority would be at liberty to pass appropriate order with regard to costs of this proceedings. 5. Rule is made absolute to the aforesaid extent, with no order as to costs. D.S. is permitted. -0-0-0-0-0- /JVSatwara/