LAWS(P&H)-2015-10-217

ANKUSH SHARMA Vs. UNION OF INDIA AND ORS.

Decided On October 20, 2015
Ankush Sharma Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The petitioner applied for a passport and submitted all relevant documents regarding his date of birth, place of birth, parentage, marital status and residence proof etc. He was issued a passport on 07.05.2015, which is stated to be valid upto 06.05.2025. In the said passport, his place of birth has been mentioned as Haridwar (Uttarakhand), though as per the birth certificate of the petitioner as issued by the Registrar, Births and Deaths, Hoshiarpur vide registration No.4285 dated 21.09.1995, his place of birth is shown as Hoshiarpur (Punjab).

(2.) Immediately on receiving the passport, the petitioner approached respondent No.2 with an application for correction of the place of birth as mentioned in his passport and also filled necessary correction slip for the said purpose. When the respondents did not take any action on his application, he filed the present writ petition. In the written statement filed on behalf of respondent No.2, it has been stated that the petitioner had initially obtained a passport on 11.04.2000, wherein his place of birth was mentioned as Haridwar (U.P.). Even in the passport dated 25.01.2005 issued in lieu of his earlier passport, his place of birth is mentioned as Haridwar. The same is the position in respect of passport issued on 16.02.2010 and 28.02.2014. It is stated that the place of birth mentioned in the passport was the same as stated by him in his application form. It is further stated that as per the Passport Manual, if change of place of birth is within the district or adjoining district, the Passport Authority should not contest, however, if the change of place of birth is sought from one State to another or from India to abroad then the case should be contested and a civil court order should be insisted upon to determine the correct place of birth.

(3.) Heard learned counsel for the parties and perused the records.