Hon'ble Manish Mathur,J.
Notice on behalf of both opposite parties has been accepted by the office of learned Assistant Solicitor General of India.
Heard Sri Niteesh Kumar, learned Counsel for the petitioner and Sri S. B. Pandey, learned Assistant Solicitor General of India assisted by Sri Varun Pandey, learned Counsel for both the opposite parties.
The writ petition has been filed for the following reliefs:-
(i) issue a writ, order or direction in the nature of Mandamus commanding or directing the opposite parties to re-issue the passport to the petitioner with correct date of birth i.e., 01-11-1951 as mentioned in other government documents viz adhar card, PAN card and PPO of her husband, in the interest of the justice.
(ii) issue a writ, order or direction in any nature which this Hon'ble court may deem fit and proper under the circumstances.
(iii) award the cost of the writ petition in favour of the Petitioner.
Learned counsel for the petitioner submits that under the compendium of instructions/guidelines relating to issue of passports in India/Abroad, the opposite party No.2 is empowered to correct the date of birth mentioned in the passport. The petitioner has applied for correction in the date of birth mentioned in her passport. However, the opposite parties, without making necessary corrections, have again issued the passport mentioning the date of birth which was mentioned in the earlier passport.
Mr. S. B. Pandey, learned Assistant Solicitor General of India appearing for both the opposite parties submits that the Passport Officer will have to make an enquiry with respect to the date of birth of the petitioner and whether any forgery was committed while applying for the passport with the date of birth as mentioned in the passport. The petitioner may make a representation which will be considered by the competent authority.
In this view of the matter, the writ petition is finally disposed of with liberty to the petitioner to move a proper representation raising her grievances before the opposite party No.2/Regional Passport Officer within a period of ten days from today. In case such a representation is made, it is expected that the opposite party No.2 will consider and take appropriate decision, in accordance with the compendium of instructions/ guidelines relating to issue of passports in India/Abroad (Annexure - 6 to the writ petition) expeditiously, say within a period of four weeks from the date of receipt of a representation alongwith a certified copy of this order is produced before him.
Order Date :- 25.1.2021 lakshman