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Shaik Khadar Basha, S/ o. S. Hasim, v. The Regional Passport Officer

Telangana HC4 Feb 2013WP/3080/2013

Case brief

AI extract

What is this about?

This order addresses a writ petition challenging the refusal by the Passport Office to entertain an application for correcting an error in the petitioner's date of birth. The court directs the officer to receive the application and consider specific supportive certificates in accordance with Ministry guidelines, mandating a decision within one month.

What did the court decide?

Respondent No.1 directed to receive the application, consider the SSC certificate relied upon, and issue a fresh passport if convinced; otherwise pass appropriate order within one month.

Shaik Khadar Basha, S/ o. S. Hasim, Vs The… — Pension and Retirement Benefits | Telangana HC (2013)

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The Hon’ble Sri Justice C.V.Nagarjuna Reddy

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Writ Petition No.3080 of 2013

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Dated 04.02.2013

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Between:

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Shaik Khadar Basha

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…Petitioner

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And

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The Regional Passport Officer, Passport Office, Secunderabad, Hyderabad and another.

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…Respondents

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Counsel for the petitioner: Mr.Md.Saleem

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Counsel for the respondents: Mr.Ponnam Ashok Goud, Asst.Solicitor General

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The Court made the following:

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Order:

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The grievance of the petitioner is that the respondents have not been receiving his application for issuance of a fresh passport with correct date of birth. According to the petitioner, in the passport issued on 27.03.2004, his date of birth was wrongly shown as 23.01.1983. When the petitioner allegedly approached the respondents, the latter’s office refused to entertain the application by insisting that the petitioner shall obtain an order from the Court for entertaining such application.

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Clause (c) of Circular __/401/2/5/2001, dated 18-42001, issued by the Ministry of External Affairs, Government of India, inter alia provides as under:

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“Where the initial entry has been made on the basis of a supportive document issued by one competent authority i.e., School/educational authority and the applicant subsequently requests for a change on the basis of a certificate issued by another competent authority i . e . , municipal authorities resulting in conflicting sources of valid proof, the PIA should direct the applicant to obtain a civil order from a competent Court of jurisdiction, certifying the valid date of birth/place of birth.”

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Respondent No.1 is, therefore, directed to receive the petitioner’s application and consider the same in the light of the above-mentioned circular. If respondent No.1 is convinced that the entry of the petitioner’s date of birth in the existing passport is not supported by any Certificate issued

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by the competent authority, he shall consider the SSC Certificate of the petitioner, on which he is placing reliance, and issue fresh passport with the date mentioned in the said Certificate as the petitioner’s date of birth. In a converse situation, respondent No.1 shall pass appropriate order and communicate the same to the petitioner. He shall complete this exercise within a period of one month from the date of receipt of the application from the petitioner.

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Subject to the above directions, the Writ Petition is disposed of.

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As a sequel, WPMP.No.3794 of 2013, filed by the petitioner for interim relief, is disposed of as infructuous.

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_____________________ C.V.Nagarjuna Reddy, J

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Date: 4^th February, 2013 lur

Shaik Khadar Basha, S/ o. S. Hasim, v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Shaik Khadar Basha, S/ o. S. Hasim, v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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