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Syed Waheed Ullah Hussaini v. The Regional Passport Officer

Telangana HC21 Feb 2013WP/5176/2013

Case brief

AI extract

What is this about?

The court directed the Regional Passport Officer to accept the petitioner's application for passport correction. The officer must decide the matter within one month by verifying if the initial passport entry was based on solely one competent authority or conflicting sources.

What did the court decide?

Respondent directed to receive application and correct date of birth entry within one month, failing which pass appropriate order.

Syed Waheed Ullah Hussaini Vs The… — Constitutional and Fundamental Rights | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5176 of 2013

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Date:21.02.2013

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Between: Syed Waheed Ullah Hussaini

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..... Petitioner

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And: The Regional Passport Officer, Secunderabad.

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.....Respondent

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Counsel for the Petitioner: Sri Mohammed Zakir Hussaini Counsel for the Respondent: ----

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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 respondent has 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 04.10.1996, his date of birth was wrongly shown as 03.05.1974, instead of 07.07.1977. When the petitioner allegedly approached the respondent, 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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The respondent is, therefore, directed to receive the petitioner’s application and consider the same in the light of the above-mentioned Circular. If the respondent is convinced that the petitioner’s application made initially was accompanied by the Secondary School Certificate of the petitioner, on which he is placing reliance, and that the entry in the passport was not made on the basis of any Certificate issued by another competent authority, he shall correct the date of birth entry and issue passport. In a converse situation, the respondent 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. Subject to the above directions, the Writ Petition is disposed of.

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As a sequel to disposal of the Writ Petition, W.P.M.P.No.6458 of 2013 filed by the petitioner for interim relief is disposed of as infructuous.

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______________________________ JUSTICE C.V.NAGARJUNA REDDY

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21^st February 2013

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Syed Waheed Ullah Hussaini v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Syed Waheed Ullah Hussaini v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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