SCA/916/2006 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 916 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ==================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ==================================================== MADHUBEN W/O BACHUBHAI PATEL - Petitioner(s) Versus REGIONAL PASSPORT OFFICER - Respondent(s) ==================================================== Appearance : MR YV BRAHMBHATT for Petitioner(s) : 1, DS AFF.NOT FILED (R) for Respondent(s) : 1, MR MA SHAIKH for Respondent(s) : 1, ================================================= SCA/916/2006 2/4 JUDGMENT CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 02/02/2006 1. The petitioner states that through inadvertence her date of birth and her father's name are wrongly mentioned in the Passport and the respondent authority has refused to entertain her request to correct the said mistakes. According to the petitioner, on the basis of the Birth Certificate issued by the Competent Authority, the correct date of her birth is 31/7/1949 instead of 1/6/1949 and the correct name of her father is FULABHAI instead of FULABEN, as mentioned in the passport. 2. The learned counsel for the respondent states that only on the basis of material given by the petitioner her date of birth and the name of her father were recorded in the passport. He further stated that no change in the passport is effected, but for making any correction in the SCA/916/2006 3/4 JUDGMENT passport, a new passport is normally issued by the authority with correct details if the authority is satisfied with the genuineness of the data to be corrected. 3. Having heard the parties and looking to the facts and circumstances and also the material placed on record, the respondent is directed to look into the case of the petitioner on the basis of the evidence already adduced or on production of original certificate/s issued by competent authority which may be adduced by the petitioner in support of her case to correct her date of birth and name of her father, as mentioned above. The respondent shall take appropriate decision in accordance with law after considering the relevant evidence adduced before him and shall pass an appropriate order as expeditiously as possible. 4. As the respondent authority will have to SCA/916/2006 4/4 JUDGMENT undertake the exercise of scrutinizing the case of the petitioner afresh because of the default committed by the petitioner in not placing correct facts at an earlier point of time, a sum of Rs.5000/-is ordered to be paid by the petitioner to the respondent authority by way of costs. 5. Accordingly, the petition is allowed to the aforesaid extent. Rule is made absolute above extent. Direct Service is permitted. (M.R.SHAH, J.) rafik