Khursheed Abbas v. The Regional Passport Officer

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 3630 OF 2021 Between:

Khursheed Abbas, S/o. Late Gulam Hussain, Age about 68 Years, Occ Pvt. Service, R/o. H. No. 13-4-102, Tappa Chabutra, Karuvan, Hyderabad. PETITIONER AND The Regional Passport Officer, Hyderabad, Telangana State. RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent authorities in not issuing and not correcting the date of birth in the passport to the petitioner by mentioning the correct date of birth of the petitioner as per Municipal record as 1 5/1 1/1 95'1 instead of 2511211958 mentioned in the passport of the petitioner bearing No.

25220294 and not entertaining the application and not issuing the passport by correcting the date of birth of the petitioner as per his birth record issued by the competent authority as illegal, arbitrary and against the principles of natural justice and consequentially to direct the respondents authority to entertain the application of the petitioner to correct the date of birth in his passport and issue the passport to the petitioner by mentioning and correcting the date of birth of the petitioner as per birth record of the petitioner issued by the competent authority as 1511111951 instead of 2511211958 mentioned in the passport of the petitioner bearing No.25220294.

lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents authority to entertain the application of the petitioner to correct the date of birth in his passport and issue the passport to the petitioner by mentioning and correcting the date of birth of the petitioner as per birth record of the petitioner issued by the competent authority as 15-1 1-1951 instead of 25-12-1958 mentioned in the passport of the petitioner bearing No.25220294. Counsel for the Petitioner: SRI M.

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.363O of 2O2l ORDER:

When the matter is taken up for hearing, learned counsel for the petitioner had contended that this writ petition is filed seeking a direction to the respondent for correction of date of birth of the petitioner in the Passport' Sri Aravind Kumar Katta, learned Standing Counsel for the respondent had contended that the petitioner has not submitted any application seeking correction of his date of birth in the Passport in terms of O.A.VI/4O|l215l2ool, daled 22.O9.2016 and if the petitioner submits an application for correction of his date of birth in the Passport in terms of O.A.VII4Ol l2l5l2OOl, dated 22.O9.2076, tlne respondent authorities would consider the same and pass appropriate orders in accordance with law.

Learned counsel for the petitioner, therefore, seeks permission of this Court to withdraw the present writ petition with a liberty to the petitioner to file an application seeking correction of his date of birth in the Passport in terms of o.A.vI / 40 t I 2rS I 2OOr, dated 22.09.2016. Permission is accorded. Accordingly, granting the said liberty, this writ petition is dismissed as withdrawn. It is needless to say that on such application being received, the

respondent authorities shall consider the salne and pass appropriate orders in accordance with law' No order as to costs.

Pending miscellaneous petitions, if any' shall stand ciosed.

SD/-M.MANJULA ASSISTANT REGISTRAR \L__ SECTION OFFICER //TRUE COPY// To 1. One CC to Sri tr/. Saleem, Advocate IOPUC] i. 6;; d6 6 s;i Aravino Kumar Katta' Advocate toPucl

3. Two CD Copies 1-

HIGH COURT DATED:1710212021 TA r4:

ti -l

ORDER

,\ (( *lo,J WP.No.3630 ot 2021 03 l\4An 2021 { * * ,'- -:.,-. C, DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS 4t l/