IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 21367 of 2008 Between: Arif Khan S/o.Pattan Karim Khan R/o.H.No.1-68, Bompally Village, Doma Mandal, Ranga Reddy District. ..... PETITIONER AND The Regional Passport Officer, 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 issue an appropriate writ order or direction more one in the nature of Writ of Mandamus declaring the action of the respondent in not rectifying the petitioner date of birth as 5-6-1983 instead of 5-6-1986 in the Passport bearing No.G.9.365181, dated 19-6-2008 as illegal, arbitrary and fundamental rights guaranteed under the Constitution of India and consequently direct the respondent to dispose of the petitioner representation dated 26-7-2008. Counsel for the Petitioner:MR.GOLI.RAMA KRISHNA Counsel for the Respondent No.: . The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondent in not rectifying the petitioner’s date of birth as 5.6.1983 instead of 5.1.1986 in the Passport bearing No.G.9.365181, dated 19.6.2008, as arbitrary and illegal and a consequential direction to the respondent to dispose of the petitioner’s representation dated 26.7.2008. The petitioner’s main grievance is that though he submitted a representation dated 26.7.2008 requesting the respondent-Regional Passport Officer, to correct his date of birth as 5.6.1983 instead of 5.1.1986, which is a wrong entry in the Passport, the respondent has not rectified the mistake. Heard the learned counsel for the petitioner and perused the material placed on record. In spit of service of notice on the respondent, he has not chosen to put in his appearance either in person or through his counsel. The document on which the petitioner is placing reliance with regard to his date of birth is a certificate given by the office of the Gram Panchayat, Bompalli. But, this Court is not inclined to accept the declaration given by the Grampanchayat. However, as the declaration reveals that the same is given on the basis of the Births and Deaths Register maintained by the Grampanchayat, this Court deems it appropriate to dispose of the writ petition with the following directions: “The petitioner is hereby directed to obtain and produce a copy of the Births and Deaths Register before the respondent within a period of two weeks to establish the fact that he was born on 5.6.1983, and on such certificate being produced, the respondent may consider the petitioner’s representation, dated 26.7.2008 and correct his date of birth from 5.1.1986 to 5.6.1983 in the Passport bearing No.G.9.365181 issued on 19.6.2008, within a period of four weeks thereafter, With the above directions, this writ petition is disposed of at the admission stage. No costs. ______________ 15.12.2008 Note: Furnish copy in three days B/o bcj