SATNAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) As to whether a second writ petition, on the same cause of action, would be maintainable if the earlier writ petition was withdrawn by the petitioner with liberty to avail the appropriate alternative remedy and whether, after withdrawal of the earlier writ petition, the second writ petition can be filed by the petitioner, only after serving upon the respondents a legal notice are the questions involved in this petition.

(2.) In brief, the petitioner was issued passport No.A5087542 on 24.03.1998, which was valid upto 23.03.2008, in which he gave his date of birth, recorded in the school record at the time of admission, as 05.01.197 The same date of birth is recorded in the matriculation certificate dated 15.10.1988. The petitioner has relatives in the United States of America. He applied for visitation and migration to United States of America and in that process, he was asked to fill up various forms for immigrant visa and alien registration by the Immigration Department of the United States of America, which includes the supply of birth certificate issued by the Registrar, Births & Deaths of the concerned area where the petitioner was born. The petitioner applied for issuance of the birth certificate to the Registrar, Births & Deaths, Municipal Corporation, Moga and found that his name was registered at Sr No.15 on 17.06.1971 and his date of birth was mentioned as 05.06.1971, which is his correct date of birth. The petitioner obtained the birth certificate No.7555/1 dated 07.02015, under Section 17 of the Registration of Birth & Death Act, 1969.

(3.) Since there were two different date of births of the petitioner, one recorded in the school record as 05.01.1972 and another in the office of the Registrar, Births & Dealths, as 05.06.1971, therefore, he made an application on 101.2015 to respondent no.2/Regional Passport Officer for incorporation of his correct date of birth in his passport on the basis of the birth certificate obtained by him from the Registrar, Births & Deaths. Respondent no.2, however, declined to correct the date of birth and insisted on a declaratory order from the Civil Court proving his correct date of birth. Pursuant to the refusal by respondent no.2 on 02.02.2015, the petitioner made a detailed representation on 09.02.2015 to respondent no.2 and, thereafter, since his representation was not decided, filed CWP No.3267 of 2015 titled as "Satnam Singh v. Union of India and others". In the said writ petition, the following order was passed on 29.02.2016:-