Rule. Mr JV Bhairavia, waives service of Rule for the respondent.
2.In this petition under Article 226 of the Constitution, the petitioner has prayed for a direction to the Regional Passport Officer to change the petitioner's date of birth from 26.8.1957 to 26.8.1954 and also the place of the petitioner's birth from Karachka to Kikwad.
3.The petitioner had earlier applied for a passport way back in 1954 and a passport was issued to the petitioner pursuant thereto. In the said passport, the petitioner's birth date was mentioned as 26.8.1957 and the place of birth was mentioned as Karachka-Surat. Thereafter the passport was renewed in the year 1995. However, when the petitioner applied for immigration visa to U.S.A., it was brought to the notice of the petitioner that there was a discrepancy between the birth date as recorded in the extract of the birth register and the birth date mentioned in the passport. The extract of the birth register, a copy whereof is produced at Annexure "C" to the petition, mentions that petitioner-Manharbhai Naranbhai Patel (son of Nathubhai Patel) was born at village Kikwad in Bardoli taluka of Surat on 26.8.1954. The petitioner, therefore, applied for the aforesaid two corrections in the passport. Since the respondent did not pay heed to the said request, the petitioner has approached this Court by way of this petition under Article 226 of the Constitution.
4.Having heard Mr PK Parekh, learned counsel for the petitioner and Mr Bhairavia, learned Addl. Standing Counsel for the Union of India (Regional Passport Officer), it is directed that the Regional Passport Officer, Ahmedabad shall consider the petitioner's application for the following corrections in the passport:-
(i) Changing the petitioner's birth date from 26.8.1957 to 26.8.1954.
(ii) Changing the place of birth of the petitioner from Karachka-Surat to Kikwad, Tal. Bardoli, Dist. Surat.
The application shall be considered by the Regional Passport Officer on the basis of such material as may be produced before him, including the birth certificate issued by the Mamlatdar, Bardoli at Annexure "C" to the petition, as expeditiously as possible and within one month from the date of receipt of the writ of this Court or a certified copy of this order, whichever is earlier.
5.In case the petitioner is required to apply for a fresh passport, the petitioner shall comply with the requisite formalities and the respondent authority shall consider the same within one month from the date of receipt of the application.
6.Since the mistake is not attributable to the respondent, the petitioner shall pay the costs of this petition which are quantified at Rs.1000/= which shall be paid within one month from today.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
September 4, 2000(M.S. Shah, J.) sundar/-