Allowed

Chaparala Sohini, v. The Regional Passport Officer

Telangana HC18 Jul 2012WP/21651/2012

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking a declaration that the Respondent's refusal to correct the petitioner's date of birth in her passport was illegal and arbitrary. The Court permitted the petitioner to submit documentation to prove her correct date of birth and directed the authority to issue a fresh passport if the documents were verified.

What did the court decide?

Directed the respondent to consider the petitioner's application with supporting documents for issuance of a fresh passport with the correct date of birth (04.11.1990).

Chaparala Sohini, Vs The Regional… — Constitutional and Fundamental Rights | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.21651 of 2012

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ORDER:

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This writ petition is filed seeking a mandamus declaring the action of the respondent in not issuing new passport on fresh application of the petitioner with correct date of birth as 04.11.1990 instead of 04.11.1989, which was mentioned in the passport already issued to her, as illegal and arbitrary.

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In the affidavit filed in support of the writ petition, it is stated that the petitioner is a student and permanent resident of plot No.146, Road No.10, Jubilee Hills, Hyderabad. It is further stated that the petitioner was born on 04.11.1990 and the same is also evident from the school records. Earlier, she obtained passport, in which, her date of birth was mentioned as 04.11.1989 instead of 04.11.1990. It is the case of the petitioner that as the date of birth has been incorrectly mentioned in her passport, she has submitted an application to the respondent seeking to issue fresh passport with the correct date of birth. It is the grievance of the petitioner that the respondent refused to issue new passport to her by

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correcting her date of birth.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for Central Government appearing for the respondent.

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Circular, dated 29.11.2007, issued by the Ministry of External Affairs in proceedings No.VI/401/2/5/2001 was placed on record. The said Circular deals with the clerical/technical mistake in the entries with regard to the date of birth, place of birth etc., in the passport. A perusal of clause (a) of the said Circular indicates that the applicant is permitted to ask the passport issuing authorities to correct the clerical mistakes committed by the applicant in filling up the application form or by PIA at the time of issuance of passport. In view of the same, it is for the competent authority to record correct date of birth of the petitioner after verifying the documents to be filed by her.

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Having regard to the nature of relief sought in the writ petition and in view of aforesaid Circular, dated 29.10.2007, I deem it appropriate to permit the petitioner to submit an application by enclosing necessary documents in proof of her date of birth as 04.11.1990, for issuance of fresh passport with correct date of birth as

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04.11.1990. If such application is filed with the supporting documents, the respondent is directed to consider the matter and pass appropriate orders for issuance of fresh passport with correct date of birth, if it is proved by the documents to be filed by the petitioner.

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

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In view of disposal of the Writ Petition, WPMP.No.27748 of 2012 also stands disposed of.

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______________________ R.SUBHASH REDDY, J

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18^th JULY, 2012. Note: issue c.c. in three days. kvni

Chaparala Sohini, v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Chaparala Sohini, v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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