REGIONAL PASSPORT OFFICER Vs. DAMODAR BABAL SHIRODKAR

JUDGEMENT

(1.) The petitioner is the Regional Passport Officer, who seeks to challenge the Order dated 18.07.2012, passed by the learned J.M.F.C., Margao, on Criminal Misc. Application no. 314/2012, partly allowing the said application and granting a declaration of the date of birth of the Respondent.

(2.) The brief facts leading to the present Petition are that on discovery by the Respondent that his passport bearing no. A6306713 wrongly mentions his date of birth as 10.10.1965 instead of 10.10.1967, he filed Criminal Miscellaneous Application in the Court of the Judicial Magistrate, First Class at Margao, under Section 5(2) of the Passport Act, 1967, Section 21 of General Clauses Act 1897 and under Registration of Births and Deaths Act, 1969, for carrying out the correction therein. The application was partly allowed to grant a declaration of the correct date of birth but rejecting request for direction to the petitioner to carry out the correction in the passport. The reasons set out for refusal to grant the direction is that the Court does not have powers to issue such direction.

(3.) Shri Ferreira, learned Asst. Solicitor General appearing for the Petitioner, submits that the impugned Order is wholly unsustainable as the Judicial Magistrate First Class has no powers and jurisdiction to issue any declaration. Further he points out that it is the Respondent's case that his date of birth has been correctly recorded in the register of Births and Deaths maintained by the concerned authorities. In the circumstance, in fact, there was no need for the respondent to seek declaration as regards his date of birth. All that was necessary to be done by him was to file an application before the Passport Authorities under Section 21 of the General Clauses Act for carrying out the necessary correction in the passport. Since the Petitioner has an authority to issue passport under Section 5 of the Passport Act, 1967, he would also have an authority to direct corrections therein. In the event of rejection of his application, the remedy available to the Respondent would be to approach this Court for the necessary writ against the Union of India through the Petitioner.