This order in WP 32576 of 2014, concerning passport date of birth correction, declares the writ petition closed, directing the petitioner to file a fresh application for consideration.
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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
TUESDAY, THE THIRD EAY OF MARCH TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 32576 OF 2o14
Between:
Uppu Sainath, S/o Rajanna, aged about 35 years, R/o Maskapur Village, Khanapur Mandal, Adilabad District.
...PETITIONER
AND
The Regional Passport Office, Hyderabad, Kummaraguda, Secunderabad- 500 003
...RESPONDENT
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent in not correcting the petitioner's date of birth as 22-08-1982 instead of 01-06-1979 in his passport bearing No. E 3297643 as illegal, null and void and contrary to the Circular issued by the Ministry of External Affairs Dated 18-4-2001 and consequently direct the Respondent to Correct the Petitioner date of birth as 22-08-1982 instead of 01-06-1 979 in his passport bearing No. E 3297643.
WPMP. NO: 40730 OF 2014
Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondent to issue the passport by correcting the date of birth as 22-08-1982 instead of 0106-1979 in the petitioner's passport bearing No. E 3297643 by receiving the fresh application of thepetitioner pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRl. A. JAGAN
Counsel for the Respondents: SRl. NAMAVARAPU RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL
The Court made the following: ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.32576 OF 2OL4
ORDER:
Heard learned counsel for the petitioner and Sri N.Rajeshwar Rao, learned Assistant Solicitor General for respondents
This writ petition is filed seeking the follolr,ing reliel:-
..WRIT OF MANDAMUS declaring the action of the respondent in not correcting the petitioner's date of birth as 22.O8.1982 instead o[ 01.06.1979 in his passport bearing No.E 3297643 as illegal, null and void and contrary to the Circula,r issued by the Ministry of External Affairs dated 18.04.2001 and consequently direct the Respondent to Correct the Petitioner date of birth as 22.O8.1982 instead of 0 1 .06 1979
When the matter is taken up for hearing, learned counsel for the petitioner contended that petitioner is chailenging the action of the respondents in not correcting the date of birth in his passport and this Court on 30.10.2014 granted interim direction directing the respondents to consider the case of the petitioner for correction of his date of birth in his passport in accordance with the Passports Act, 1967 and Rules made thereunder.
Learned Assistant Solicitor General appearing for the respondents had contended that pursuant to the rnterim order passed by this Court, the petitioner had not approached the respondents seeking correction of his date of birth. Therefore, the respondents. left with no other option, closed the file of the petitioner on 29.05.2019. I'le further contends that if onlv
2
petitioner makes a lresh application seeking correction of date of birth in his passport, the case of the petitioner would be considered and appropriate orders would be passed.
This Court, having considered the rival submissions of the learned counsel appearing for the respective parties is of the considered view that this writ petition can be disposed of directing the petitioner to approach the respondents by way of a fresh application seeking correction of date of birth in his passport and on receipt of such application, the respondents shall consider the same and pass appropriate orders in accordance with Rules-
With the above direction, this writ petition is closed. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
To,
ASSISTANT ISTRAR //TRUE COPY// SECTIO OFFICER
'1 . One CC to Sri A. Jagan, Advocate tOpUCl 2. one cc to sri. Namaivar'apu na;esn'war ni'o, Assistant Soricitor General topucl 3. Two CD Copies CHR MP-r-
HIGH COURT
DATED:0310312020
STArt
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2\ iPfi 2020
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ORDER
W.P.No.32576 of 2014
CLOSING THE WRITPETITION WITHOUT COSTS
Uppu Sainath
The Regional Passport Office, Hyderabad
Abhinand Kumar Shavili
As recorded by the court registry
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