Md. Kasim Ansari v. The Union Of India And ORS

Patna High Court CWJC No.10877 of 2016 dt.20-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10877 of 2016 Md. Kasim Ansari son of Md. Alauiddin Ansari, resident of village+Post Dhibri, P.S. Konch, District Gaya .... .... Petitioner

Versus

1. The Union of India through the Secretary, Ministry of External Affairs, New Delhi,

2. The Superintendent, Passport Office, Ministry of External Affairs, Ashiyana, Digha Road, Patna,

3. The Principal Secretary, Home Department, Government of Bihar, Patna,

4. The Passport Officer, Passport Office, Ministry of External Affairs, Ashiyana, Digha Road, Patna, .... .... Respondents ====================================================== Appearance :

For the Petitioner : M/s Arvind Kumar Sinha and Sudhir Kumar Sinha, Advocates For the Respondents : Mr. S.D Sanjay, Additional Solicitor General =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-07-2016 As prayed, learned counsel for the petitioner is permitted to implead the Passport Officer, Passport Office, Ministry of External Affairs, Ashiyana, Digha Road, Patna, as respondent no. 4 in this application.

Heard the parties.

It is contended on behalf of the petitioner that the passport issued in his name bears incorrect date of birth as in place of "12.10.1990" it has been recorded as "10.01.1987". It is further contended that a representation has been filed by the petitioner before the respondent no. 2, the Superintendent, Passport Office,

Patna High Court CWJC No.10877 of 2016 dt.20-07-2016 Ministry of External Affairs, Ashiyana, Digha Road, Patna, a copy of which has been appended as Annexure 5, however, nothing has been communicated to him till date.

In above view of the matter, the petitioner is directed to once again approach the Passport Officer, Passport Office, Ministry of External Affairs, Ashiyana, Digha Road, Patna, i.e., respondent no. 4, by filing an application for correction of his date of birth. In case, such application is filed by the petitioner along with a copy of this order, let the Passport Officer (respondent no. 4), either himself take a decision in this matter or refer the same to some other competent authority so that the decision is taken in this regard within a period of two months from the date of filing of such representation on its own merit and in accordance with law and communicate it immediately to the petitioner. This disposes of the writ petition.

(Dr. Ravi Ranjan, J) SC/- AFR/NAFR NAFR CAV DATE NA Uploading Date 4.8.2016 Transmission Date NA