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High Court of DelhiW.P.(C)/1122/2025

Samyak Singh v. Union Of India And ANR

2025-01-29Hon'Ble Mr. Justice Sachin Datta3 pages

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1122/2025 & CM APPL. 5561/2025 SAMYAK SINGH .....Petitioner Through:

Mr. Nitish Kumar Singh, Mr. Amit Kumar Thakur and Mr. Shashank Kumar, Advocates.

versus UNION OF INDIA AND ANR.

.....Respondents Through:

Ms. Nidhi Raman, CGSC and Mr.

Aakash Meena, GP for UoI.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 29.01.2025

O R D E R

1.

The present petition has been filed by the petitioner seeking that the respondents be directed to change petitioner's place of birth in its passport bearing No.R9663271. It is submitted that the said passport incorrectly reflects the place of birth of the petitioner as Deohalia, District Kaimur, Bihar, whereas the actual place of the birth of the petitioner is ward Bhelpur, Varanasi, Uttar Pradesh.

2.

It is submitted that the petitioner was a minor when his father applied for his passport for the first time in 2009 at the Indian Embassy at Thimphu, Bhutan, wherein his father was deputed in Border Road Organization (BRO). Somehow the place of birth was incorrectly recorded as Deohalia, Kaimur, Bihar, in the petitioner's passport, based on the father's permanent residence. This error went unnoticed initially. However, later on, despite attempts on the part of the petitioner, the said mistake could not be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

corrected. In fact, the passport of the petitioner was reissued by the Delhi Passport Office in 2018, it mentioned the same place of birth of the petitioner.

3.

Learned counsel for the petitioner has relied upon the place of birth certificate issued by the Nagar Nigam Varanasi, Uttar Pradesh (Government of Uttar Pradesh, Health Department) as correctly depicting his place of birth. He submits that grave prejudice has been caused to the petitioner as a result of the dichotomy between the place of birth as depicted in his birth certificate viz-a-viz his passport.

4.

After some hearing, learned counsel for the respondent draws attention to the communication dated 16.07.2024 addressed by the concerned Sr. Superintendent (Policy), Regional Passport Office, Delhi whereby, in response to the petitioner's representation for change/correction in place of birth, the petitioner was advised to apply for passport under the re-issued category, disclosing the correct factual information. 5.

It is submitted that upon petitioner making the necessary application, the same shall be duly processed, after verification of the birth certificate relied upon by the petitioner, and upon obtaining all particulars in terms of the applicable rules and regulations.

6.

Learned counsel for the petitioner submits that the requisite application for reissuance of the passport as advised vide the communication dated 16.07.2024 shall be submitted within a period of 2 weeks from today. Let the respondent process the said application, and conduct the requisite verification exercise as expeditiously as possible, and preferably within a period of 8 weeks thereafter. If so warranted, a passport may be reissued to the petitioner reflecting the same date of birth, as depicted in his birth The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

certificate.

7.

The present petition stands disposed of with the above directions. Pending application also stands disposed of.

8.

In case the petitioner is aggrieved with the outcome of the aforesaid exercise, he shall be at liberty to avail appropriate remedies under law. SACHIN DATTA, J JANUARY 29, 2025/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.