Gujarat High Court
SCA/16506/2003 of PATEL KRISHNABEN KANUBHAI Vs REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE on 10 December 2003
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 16506 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE C.K.BUCH ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 16506 of 2003
For Approval and Signature:
HON'BLE MR.JUSTICE C.K.BUCH
============================================================
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1. Whether Reporters of Local Papers may be allowed : YES
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?
-------------------------------------------------------------- PATEL KRISHNABEN KANUBHAI
Versus
REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE -------------------------------------------------------------- Appearance:
1. Special Civil Application No. 16506 of 2003 MR AG JOSHI for Petitioner No. 1 MR DN PATEL for Respondent No. 1 NOTICE SERVED BY DS for Respondent No. 1
-------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE C.K.BUCH
Date of decision: 10/12/2003
ORAL JUDGEMENT
1. Rule. Service of rule is waived by learned advocate Shri Krunal Pandya appearing for Shri D.N. Patel, Sr. Standing Counsel. At the request of the learned advocates, the petition is finally heard today.
2. In this petition, the petitioner has prayed to issue appropriate writ, order or direction to the respondents authority directing the respondents to take final decision on the application submitted by the petitioner on 19.11.2003.
3. The case of the petitioner is that the petitioner's correct date of birth is 24.04.1977, but because of mistake, initially date 27.04.1977 was recorded in School Leaving Certificate (SCL for short). It has been submitted by the ld. Advocate appearing for the petitioner that as per the register of death and birth maintained by Ahmedabad Municipal Corporation, the correct date of birth of the petitioner is 24.04.1977. An extract of the said register showing correct date of birth of the petitioner has been annexed to the petition as Annexure ; A.
4. The petitioner has already submitted his application to the respondent on 19.11.2003. Till today, the petitioner has not received any reply. I am sure that the respondent shall examine the application of the petitioner and shall take final decision in accordance with law.
5. The petitioner shall first of all pay a sum of Rs.5000/ (Rs. five thousand only) towards costs to the respondent as the respondent will have to correct the passport and will have to do all formalities only because of a mistake committed by the petitioner. Only after the said amount is paid by the petitioner, the needful shall be done by the passport authority. Petitioner, is directed to pay the aforesaid amount of costs to the respondent passport authorities directly.
6. In view of the above direction, the petition stands disposed of as allowed. Rule is made absolute to the above extent. D.S. permitted.
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