IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4732 of 2009 Between: Shaik Mohamed Abbadi, S/o. Sahi Saleh Abbadi, Presently R/o. 12-2-285/4/1, Ner Murad Nagar Post Officer, Hyderabad. ..... PETITIONER AND The Regional Passport Officer, office of the Regional Passport Office, Near Prashant Theatre, Clock Tower, 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 pass an Order of writ particularly Writ in the nature of Mandamus, declaring the action of the respondents officials in refusing to receive the application of the petitioner dated 25.02.2009, for rectification of the wrong year of birth i.e., 1954, without mentioning the date and month of the petitioner as shown in the existing passport bearing No.A3178241, to that of his correct date of birth as 10.05.1964 and to change the address from Armoor Proper and Taluka, Dist: Nizamabad to that of present address, R.o.H.No.12-2-285/4/1, Near Murad Nagar Post Office, Hyderabad and asking the petitioner to bring the "Decree from the Competent Civil Court" to that effect without issuing the same by correcting the date of birth, and address as arbitrary, illegal and high handed on the part of the respondent and pass any other suitable orders in the circumstances of the case for the case for which the petitioner is legally entitle and this Hon'ble court deems and fit in the circumstances of the in the interests of justice Counsel for the Petitioner:MR.BAJRANG SINGH THAKUR Counsel for the Respondent No.: MR.P.VENUGOPAL The Court made the following : ORDER: This writ petition is filed by the petitioner challenging the action of the respondent – Regional Passport Officer, Secunderabad in refusing to receive his application dated 25.2.2009 for rectification of wrong date of birth in his passport and for changing his name and address. Heard the learned counsel for the petitioner and Sri Penjuri Venugopal, learned counsel appearing for the respondent passport officer and their request the writ petition is taken up for final disposal at the admission stage itself. The case of the petitioner is that he is an uneducated person and at the time when he made the application for passport, he was residing with his parents at Armoor Village of Nizamabad district and thereafter changed his residence to the present address. Recently he came to know that the entries in his passport with regard to his date of birth are not properly entered and, therefore, he made an application to the respondent to take back his existing passport and to issue a new passport by correcting his date of birth and the present address but the respondent refused to receive the same and directed him to obtain a decree from the competent civil court and hence this writ petition. The learned counsel for the petitioner submits that the Passport Officer is entitled to change the date of birth and place of residence in the passport on an application made by the applicant and, therefore, the application/representation of the petitioner may be directed to be considered in accordance with law, for which course of action the learned counsel for the respondent also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the respondent – Passport Officer to consider and dispose of the representation/application of the petitioner dated 25.2.2009 expeditiously. N.V.RAMANA,J DT.6.3.2009 msv