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 : 22864 of 2008 Between: Meeraja Sajjad Hussain S/o.Meerja Khasim Hussain R/o.H.No.4-82,Agavari STreet, Draksharama, East Godavar- 533262,40 HAL colony, Gajula Ramaram Qutbullapur Municipality, Ranga Reddy District ..... PETITIONER AND The Passport officer, Office of the Regional Transport Clock Tower, Near Prashant Theatre, Secunderabad, AP .....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 or writ particularly writ in the nature of mandamus declaring the action of the respondent officials in refusing to receive the application 24.9.2008 filed for rectification of wrong date of birth dated 13.3.1971to that of correct on as 13.3.1973 s per SSC Mark Memo for change of spelling of my name from "MEERAZA SAJJAD HUSSAIN" as "MEERJA SAJJAD HUSSAIN" and spelling of my father name from "MEERZA KAZIM HUSSAIN " as " MEERJA KHASIM HUSSAIN " as in my SSC memo and in DEED POLE affidavit along with papers publication and for adding my present correct address as H.No.32-238 Ward No.40, HAL colony, Gajula Ramaram, Qutbullapur Municipality , Ranga Reddy District to take back the existing passport No.Q-671266 issued on 3rd December 1993 and valid up to 2nd Dec 2003 and to issue fresh passport by correcting the date of birth spellings and by incorporating the present address, as arbitrary, illegal, and high handed on the part of the respondent and pass Counsel for the Petitioner:MR.BAJRANG SINGH THAKUR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) 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 not receiving his application dated 24.9.2008 for rectification of wrong date of birth and for making necessary corrections in the spelling of his name as well as the name of his father and for changing the address in the passport. 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 was born on 13.3.1973 and the same is clearly shown in his SSC marks memo. In order to obtain the passport, he approached an agent and after paying necessary amounts, got the passport. Recently, when he approached another agent to renew the passport, he observed the spelling mistakes in his name as well as in the name of his father as also the wrong date of birth entered in the passport when compared to the SSC marks memo. Immediately, he got prepared a deed pole affidavit for rectification of spelling mistakes of his name and his father’s name and got published the same in two local news papers on 21.9.2008 and made an application to the respondent by annexing all the necessary material 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 24.9.2008 expeditiously. N.V.RAMANA,J DT.6.3.2009 msv