IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12636 of 2008 Between: 1 Mohd. Mufeez Ahmed Quadri S/o. Mohd. Moin Ahmed Quadri petitioner being minor rep. by his natural mother and guardian Mrs. Eshrath Unnisa Begum W/o. Mohd. Moin Ahmed Quadri, aged 36 yrs, Advocate) R/o. Flat No.108, Siddartha Apartments, Jamai Osmania, Hyderabad. 2 Mohd. Musheed Ahmed Quadri S/o. Mohd. Moin Ahmed Quadri petitioner being minor rep. by his natural mother and guardian Mrs. Eshrath Unnisa Begum W/o. Mohd. Moin Ahmed Quadri, aged 36 yrs, Advocate) R/o. Flat No.108, Siddartha Apartments, Jamai Osmania, Hyderabad. ..... PETITIONERS AND The Regional Passport Officer, Regional 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 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 applications for issuance of Passport to the petitioners on the basis of their Birth Certificates issued by the Gram Panchayat, Lingampet, Nizambad District as 20.04.2000 of the 1st petitioner and as 06.04.2003 of the 2nd petitioner, as illegal, arbitrary and violation of principles of natural justice and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent to issue Passports of the petitioners on the basis of their Birth Certificates issued by the Gram Panchayat, Lingampet, Nizambad District as 20.04.2000 of the 1st petitioner and as 06.04.2003 of the 2nd petitioner. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: . The Court made the following : ORDER This writ petition has been filed by two minor petitioners represented by their mother as Guardian assailing the action of the respondent in not receiving the applications for issuance of passport. Heard the learned counsel appearing for the petitioners. Despite notice being served on the respondent, the respondent did not choose to enter appearance either in person or through a counsel. Mrs. Eshrath Unnisa Begum has sworn to the writ affidavit. It is stated in the writ affidavit that the 1st petitioner was born on 20.4.2000 in the hospital at Lingampet Village and 2nd petitioner was born on 6.4.2003 at the same Village. Thereafter, they were shifted to Hyderabad since her husband was practicing as a lawyer. When the petitioners approached the respondent along with application for passport, the respondent insisted for Date of Birth Certificates issued by the Hyderabad Municipal Corporation. The case of the petitioners is that they were born in the Village and therefore, their date of birth was not entered in the Hyderabad Municipal Corporation. Such is the situation, the respondent is directed to receive the applications of the petitioners with necessary Date of Birth Certificates issued by the revenue authorities or any other document as proof of their date of birth and consider their applications in accordance with the provisions of law. Writ petition is, accordingly, disposed of. No costs. ___________ 09-07-2008 rkk