IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9012 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE A.M.KAPADIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- KISHORI DHANANJAY VAIDYA Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 9012 of 2002 MR JAYANT P BHATT for Petitioner No. 1 MR N.J.SHAH for MR DN PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE A.M.KAPADIA Date of decision: 21/09/2002 ORAL JUDGEMENT Rule. Mr. N.J.Shah, learned advocate appears and waives service of notice of rule on behalf of the respondent-Passport Authority. With the consent of the parties, matter is taken up for final hearing today. 2. The contention raised by the petitioner is that the passport is to be issued. However, the birth date initially in the passport application is recorded as 12.11.1941 whereas the correct birth date is 13.10.1941. The petitioner submits that an application is made to the Passport authorities, however, the authorities have declined to consider the same in the absence of any order passed by this Court. 3. Mr. N.J.Shah, learned advocate for the respondents submitted that earlier on the basis of School Leaving Certificate passport has been applied for. If this Court directs the passport authorities, they will consider the matter. 4. Mr. Jayant P Bhatt, learned advocate 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 to be issued and to issue fresh passport. 5. In view of the above, the respondent-Passport Authority is directed to consider the case of the petitioner for change in birth date from 12.11.1941 to 13.10.1941 in the passport application of the petitioner bearing No.A 020059 and to pass appropriate orders in accordance with law. The respondent-Passport Authority shall take decision within a period of six weeks from the date of receipt of writ of this Court. However, the petitioner shall pay costs of Rs.2500/- to the respondent-Passport authorities since the Passport authorities cannot be saddled with costs of litigation. 6. For the foregoing reasons petition succeeds and accordingly it is allowed. Rule is made absolute. Direct service is permitted. (A.M.Kapadia,J) Jayanti*