Gujarat High Court
SCA/24314/2005 of PATEL CHANDRAKANT UMEDBHAI Vs REGIONAL PASSPORT OFFICER on 29 December 2005
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24314 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ==================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 24314 of 2005
For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH
====================================================Whether Reporters of Local Papers 1may 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 ?Whether this case involves a substantial question of law as to 4the interpretation of the constitution of India, 1950 or any order made thereunder ?5[Whether it is to be circulated to ]the civil judge ?
====================================================
PATEL CHANDRAKANT UMEDBHAI - Petitioner(s)
Versus
REGIONAL PASSPORT OFFICER - Respondent(s)
====================================================
Appearance :
MR.HEMANG H PARIKHfor Petitioner(s) : 1,DS AFF.NOT FILED (R) for Respondent(s) : 1,MR JITENDRA MALKAN for Respondent(s) : 1,=================================================
CORAM :HONOURABLE MR.JUSTICE M.R. SHAH
Date : 29/12/2005
ORAL JUDGMENT
DATE OF BIRTH :
1. The petitioner states that through inadvertence his/her date of birth is wrongly mentioned in the Passport and the respondent authority has refused to entertain his request to correct the said mistake. According to the petitioner, on the basis of the Birth Certificate issued by the Competent Authority, the correct date of birth is 11/4/1954 instead of 1/6/1954 as mentioned in the passport.
2. The learned counsel for the respondent states that only on the basis of material given by the petitioner the date of birth was recorded in the passport. He further stated that no change in the passport is effected, but for making any SCA/24314/2005
correction in the passport, a new passport is normally issued by the authority with correct details if the authority is satisfied with the genuineness of the data to be corrected.
3..Having heard the parties and looking to the facts and circumstances and also the material placed on record, the respondent is directed to look into the case of the petitioner on the basis of the evidence already adduced or on production of original certificate/s issued by competent authority which may be adduced by the petitioner in support of his case to correct the date of birth as mentioned above. The respondent shall take appropriate decision in accordance with law after considering the relevant evidence adduced before him and shall pass an appropriate order as expeditiously as possible.
4. As the respondent authority will have to undertake the exercise of scrutinizing the case SCA/24314/2005
4/4JUDGMENT
of the petitioner afresh because of the default committed by the petitioner in not placing correct facts at an earlier point of time, a sum of Rs.5000/-is ordered to be paid by the petitioner to the respondent authority by way of costs.
5. Accordingly, the petition is allowed to the aforesaid extent. Rule is made absolute to the above extent.
Direct Service is permitted.
(M.R.SHAH,J.)
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