IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23265 of 2008 Between: Gavi Reddygair Hitha D/o. G. Hari Kishore Reddy rep. by its father and Natural Guardiian Gavi Reddygari Hari Kishore Reddy, S/o. Lakshmipathi Reddy, Age: 48 Yrs, R/o.D.No.1-713-A2, Opp: Reliance Communications Rudrampeta, By-pass Road, Anantapur District. ..... PETITIONER AND The Regional Passport Officer, Passport Office, Hyderabad, having Office at 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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in not receiving the application dt. 28.08.2008 submitted by the petitioner for correction of date of birth as 28.03.1991 instead of 18.04.1991 and to renew the existing passport with correct date of birth as illegal, arbitrary and consequently direct the respondent to receive the application dt.28-8-2008 and to correct the date of brth of the petitioner as 28.03.1991 instead of 18-4-1991 in the Pasport bearing No.A-3964578, and to renew the same and to pass Counsel for the Petitioner:MR.B.KAMALAKARA RAO Counsel for the Respondent No.: MR.PENJURIVENUGOPAL The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.: 23265 of 2008 ORDER: 1 According to the petitioner he was born on 28.03.1991 and the said fact is born out even in his school records. However, in the passport his death of birth was mentioned as 18.04.1991. Hence he approached the respondent and gave an application on 28.08.2008 requesting him to receive the said application and make the required correction. However, as the respondent refused to receive the said application he approached this Court and filed the present Writ Petition. 2 Heard the learned counsel for the petitioner and also the learned standing counsel for the respondent. 3 It may not be necessary for this Court to go into the fact as to whether the petitioner was born on 28.03.1991 or on 18.04.1991. It is for the authority to decide the correct date of birth of the petitioner and as it is the grievance of the petitioner that he gave an application to the respondent on 28.08.2008 stating that he was born only on 28.03.1991, but not on 18.04.1991, the respondent is hereby directed to receive the said application or any fresh application to be given by the petitioner and after receipt of the same, the respondent may hold an enquiry into the genuineness of the certificates produced by the petitioner and decide as to whether the required correction is to be effected or not, within a period of four weeks from the date of receipt of a copy of this order. 4 With the above directions, the Writ Petition is disposed of at the stage of admission. No order as to costs. -------------------------- SRI T.G.K, J. 23.12.2008 kvsn