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SCA/5057/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5057 of 2010
=========================================
SHARDABEN
DAMJIBHAI SAVALIA
Versus
UNION
OF INDIA
=========================================
Appearance
:
MR IM PANDYA for
Petitioner
None for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 23/04/2010
ORAL
ORDER
[1] The
petitioner has filed this petition under Article 226 of the
Constitution of India praying for direction to the respondent to
correct the date of birth in the passport from 22nd July,
1952 to 31st December, 1951 in the interest of justice.
[2] In
view of the decision of the Division Bench of this Court in case of
Regional Passport Officer Vs. Kokilaben w/o. Jaswantlal Panchal
and others, reported in (2009)
15 (2) GLR 1246, the proper
course for the petitioner is either to approach the Judicial
Magistrate, First Class or Civil Court as the Passport Authority is
not expected to make a rowing inquiry by its own to decide as to
whether date of birth, place of birth or name already entered in the
Passport is correct or not which is not the function of the Passport
Authority functioning under the Passport Act and the Rules
and regulations. The Judicial Magistrate, First Class or the Civil
Court after making proper inquiry to pass the appropriate order for
correction of the birth date in the school leaving certificate and
based on that, necessary correction in the passport may be made and
new passport may be issued.
[3] In
above view of the matter, the Court does not entertain this petition.
It is open for the petitioner to approach either before the Judicial
Magistrate, First Class or Civil Court for necessary correction in
the passport. In view of this, the petition is, accordingly, disposed
of.
[
K. A. PUJ, J. ]
(vijay)
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