IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9518 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 -------------------------------------------------------------- ANJANA CECIL CHRISTIE Versus REGIOANL PASSPORT OFFICER -------------------------------------------------------------- Appearance: MR NM KAPADIA for Petitioner No. 1 MR DN PATEL Sr. Central Govt. Standing Counsel for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE KUNDAN SINGH Date of decision: 17/10/2001 ORAL JUDGEMENT Rule. Mr. D.N. Patel Sr. Central Govt. 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 authority to make correction in the passport with regard to birth place of the petitioner as Mombasa (Kenya) in place of Surat in the passport issued by the respondent. 3. It is stated that due to inadvertence wrong birth place of the petitioner has been mentioned in the passport issued by the respondent on the basis of school leaving certificate or some other document. The petitioner has already moved an application before the respondent no. 1 for correction with regard to birth place as Mombasa (Kenya) in place of Surat in the passport issued by the respondent. But the respondent has not entertained and decided the application of the petitioner saying that it has no power or authority to make such correction with regard to the birth place of the petitioner in the passport unless and until some order is passed by the competent Court of Law. The petitioner has produced the birth certificate issued by the competent authority. 4. In the facts and circumstances of this case and considering the submissions made by the learned counsel for the parties as well as material on record, this petition is being disposed of with a direction to the respondent to consider and decide the petitioner's application for making correction in the passport with regard to the birth place of the petitioner as "Mombasa (Kenya)" in place of "Surat" in accordance with law and on the basis of the material produced by the petitioner on record including the birth certificate issued by the competent authority, within a period of one month from the date of receipt of writ of this Court or certified copy of this order whichever is earlier. The respondent authority would be at liberty to pass appropriate order with regard to the costs of these proceeding. 5. With the above directions and observations, this petition is disposed of. Rule is made absolute to the aforesaid extent, with no order as to costs. D.S. is permitted. -0-0-0-0-0- /JVSatwara/