SCA/9278/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9278 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= PATEL HASMUKHBHAI PUNAMBHAI - Petitioner(s) Versus UNION OF INDIA & 1 - Respondent(s) ========================================================= Appearance : MS SUBHADRA G PATEL for Petitioner(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1, MR VD PARGHI for Respondent(s) : 1 - 2. MR HARIN P RAVAL for Respondent(s) : 1, MR VB KUNDAN SINGH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/07/2008 ORAL JUDGMENT 1. Rule. Mr. Singh learned Counsel for respondent No.1 waives service of rule. With the consent of parties matter is taken up for final hearing SCA/9278/2008 2/3 JUDGMENT today. 2. The contention raised by the petitioner is that the passport is already issued. However, the birth-date initially in the passport is recorded as 15.10.1955 whereas the correct birth-date is 29.10.1955. The petitioner submits that an application is made to the Passport Officer, however, the authorities have declined to consider the same in the absence of any order passed by this court. 3. On behalf of Passport authorities it has been submitted that earlier on the basis of record produced passport has been issued. If this court directs the passport authorities, they will consider the matter. 4. Ms. Patel for the petitioner submits that in similar matters this court has passed orders giving directions to the passport authorities to reconsider the matter and to pass appropriate orders and thereafter to incorporate necessary correction in the passport already issued or to issue fresh passport. 5. In view of the above, the respondent No.2 SCA/9278/2008 3/3 JUDGMENT is directed to consider the case of the petitioner for change in birth-date from 15.10.1955 to 29.9.1955 in the passport of the petitioner bearing No. E5443380 and to pass appropriate orders in accordance with law. 6. It is clarified that it would be open to the passport authority to insist for additional document for satisfying the change of the birth date. 7. The respondent authorities shall take decision within a period of four weeks from the date of receipt of writ of this court. However, the petitioner shall pay costs of Rs.3,500/- to the respondent authorities since the passport authorities can not be saddled with the costs of litigation. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted. (JAYANT PATEL, J.) Suresh*