ARPANABEN BIPINCHANDRA SHAH Vs. REGIONAL PASSPORT OFFICE

JUDGEMENT

(1.) RULE. Ms. Vasavdatta Bhatt for respondent waives service of rule. With the consent of parties matter is taken up for final hearing today. The contention raised by the petitioner is that the passport is already issued. However, the birth-date initially in the passport is recorded as 1. 8. 1968, whereas the correct birth-date is 1. 12. 1968. The petitioner submits that an application is made to the Passport Officer, however, the authorities have declined to consider the same in the absence of any order passed by this court.

(2.) ON behalf of Passport authorities it has been submitted that earlier on the basis of record produced by the petitioner passport has been issued. If this court directs the passport authorities, they will consider the matter. Mr. Hemang Rawal learned Counsel for the petitioner submits that in similar matters this court has passed orders giving directions to the passport authorities to reconsider the matter and to pass appropriate orders and thereafter to incorporate necessary correction in the passport already issued or to issue fresh passport.

(3.) IN view of the above, the respondent No. 1 is directed to consider the case of the petitioner for change in birth-date from 1. 8. 1968 to 1. 12. 1968 in the passport of the petitioner bearing No. E8180475 and to pass appropriate orders in accordance with law. The respondent authorities shall take decision within a period of four weeks from the date of receipt of writ of this court. However, the petitioner shall pay costs of Rs. 2,500/- to the respondent authorities since the passport authorities can not be saddled with the costs of litigation. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted.