Gulam Mohammed Sarwar v. Theregional Passport Officer

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.28456 of 2010 ORDER:

This writ petition is filed with the following prayer: "...to issue Writ of Mandamus or any other appropriate writ declaring the action of the respondent not correcting the correct date of birth in Passport bearing No.F9959909 issued dated 30-07-2008 is illegal, arbitrary and violation of fundamental rights under the Constitution of India and consequently direct the respondent to correct the date of birth in Passport as 29-03-1980 instead of 07-07-1975 and pass such other relief or relief."

2.

Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondent.

3.

A reading of the affidavit filed in support of the writ petition goes to show that the petitioner has made an application before the respondent for correction of the date of birth in the passport, but on which date he made an application is not mentioned. Even in the material papers, the copy of the said application is not filed, which goes to show that without making an application, the petitioner approached this Court for correction of date of birth. 4.

In view of the same, no mandamus can be issued straightaway, since the petitioner has not approached the respondent authorities. In view of the same, I do not find any reason to entertain the writ petition.

5.

Accordingly, the writ petition is disposed of granting liberty to the petitioner to make necessary application before the respondent in respect of his grievance.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

__________________________ A. RAJASHEKER REDDY, J 13th November 2019 mar