Ambati Ravil v. The Union Of India

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.11637 of 2015 ORDER:

Heard the learned counsel for the petitioner as well as the learned Assistant Solicitor General appearing for the respondents. The prayer sought in the writ petition is as under: "... to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in recording petitioner's actual date of birth of 05.08.1978 in passport No.G4677167 dated 31.08.2007 though the petitioner has submitted sufficient documentary evidence in support of his request as being arbitrary, illegal, unjust and in violation of Articles 14 of Constitution of India and consequently direct the respondents to correct the petitioner's date of birth i.e., 05.08.1978 in his passport No.G4677167 dated 31.08.2007 in the interest of justice."

During the course of hearing, learned counsel for the petitioner brought to the notice of this Court that the passport of the petitioner was renewed up to 16.10.2027 from the Consulate General of India, Dubai. However, the date of birth was not rectified.

The learned Assistant Solicitor General appearing for the respondents placed on record the instructions issued by the respondent authority and the same are placed on record. In the said instructions at Sl.No.4 it is mentioned that if the petitioner approaches the office of the respondents for re-issue of the passport for correction of date of birth by submitting application form with relevant documents, the respondent office would process the same as per the existing rules. In that view of the matter, the writ petition is disposed of directing the petitioner to approach the 2nd respondent by submitting an application with relevant documents for correction of his date of birth in passport bearing No.R8187447 dated

17.10.2017. On such application, the 2nd respondent is directed to consider the same and pass appropriate orders as per law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, shall also stand disposed of. _____________________ P. KESHAVA RAO, J Date: 04.12.2018.

ES