Disposed

Saif Hussain v. The Government of India

Telangana HC17 Jul 2012WP/21486/2012

Case brief

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What is this about?

A writ petition challenging the non-processing of a passport reissue application due to a transcription error in the date of birth. The court directed the authority to consider the application expeditiously within eight weeks.

What did the court decide?

The respondent is directed to consider the petitioner's application for reissue of passport with the corrected date of birth as claimed and process it expeditiously within eight weeks.

Saif Hussain Vs The Government of India — Pension and Retirement Benefits | Telangana HC (2012)

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HON’BLE SRI JUSTICE R. SUBHASH REDDY

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Writ Petition No.21486 of 2012

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Date: July 17, 2012

Between:

Saif Hussain

… Petitioner

And

The Government of India, Ministry of External Affairs, rep. by the Regional Passport Officer, Begumpet, Gowara Trinity, Chiran Fort Lane, Begumpet, Hyderabad

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Order:

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This writ petition is filed seeking mandamus declaring the action of the respondent in not processing the application of the petitioner for reissue of his passport with correct date of birth as illegal and arbitrary.

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Petitioner is a student. He was issued passport bearing No.B5510929 on 21.06.2001, by mentioning his date of birth as 06.12.1994 instead of 06.12.1993. The said passport expired on 20.06.2006. It appears, on 04.03.2012, petitioner made an application to the respondent seeking reissue of passport, by mentioning his date of birth as 06.12.1993 and enclosed birth certificate issued by the Municipal Corporation of Kurnool and also the memorandum of marks issued by the SSC Board. It is the grievance of the petitioner that though the respondent has received

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his application and fixed date of appointment as 14.03.2012 for processing the same, no further action has been taken.

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Learned counsel for the petitioner relied on circular instructions dated 29.10.2007 vide proceedings No.VI/401/2/5/2001, issued by the Ministry of External Affairs (PV1 Section), wherein it is clarified that in case of clerical mistake while making entries either by the applicant or PIA with regard to date or place of birth, the same can be considered for correction by issuing fresh passport booklet.

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As much as it is stated that petitioner possesses supporting material in proof of the date of birth claimed by him, i.e. 06.12.1993, and he has made application dated 04.03.2012 for reissue of passport by mentioning the said date of birth, I deem it appropriate to dispose of the writ petition directing the respondent to consider the application of the petitioner for reissue of passport, mentioning the date of birth as claimed by him, by giving him the benefit of circular instructions referred above, and process the same as expeditiously as possible, preferably, within eight weeks from the date of receipt of this order.

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Subject to the above, writ petition is disposed of. No order as to costs.

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_________________ R. SUBHASH REDDY, J

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July 17, 2012 Note: C.C. in a week B.O. MRR

Saif Hussain v. The Government of India

Case brief

What is this about?

What did the court decide?

Saif Hussain v. The Government of India

Case brief

What is this about?

What did the court decide?

What the court decided

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