Shaik Altaf Hussain vs The Joint Secretary
2021 Latest Caselaw 1604 AP

        THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

                     WRIT PETITION No.6345 of 2021


ORDER:-

          The     petitioner    had     obtained          a     passport     bearing

No.N2981856           from     the office     of    the       2nd    respondent   on

20.12.2015. In the application filed for issuance of the

passport, the Date of Birth of the petitioner was shown as

10.08.1984. The petitioner contends that he had subsequently

found out that the Date of Birth and the name of his father

shown in the passport were not correct. In view of these

discrepancies, the petitioner filed a representation dated

10.02.2021 for change of his birth date and his father's name as

per the certificate issued by the Board of Secondary Education

of Andhra Pradesh dated 05.07.2001. However, the 2nd

respondent by its letter dated 18.02.2021 had informed the

petitioner that the spelling of his father's name and the Date of

Birth mentioned was different from the document furnished by

the petitioner. The learned counsel for the petitioner is now

before this Court on the ground that the respondent authorities

instead of giving the petitioner an opportunity to explain all the

above discrepancies had expressed its mind not to consider the

representation of the petitioner. The petitioner would also rely

upon a Judgment of this Court in Ayeshaunnisa vs. Regional

Passport Officer1 and submit that the representation of the

petitioner would have to be considered in terms of the Office

Memorandum of the Ministry of External Affairs bearing

2007 Law Suit (AP) 388

No.VI/401/2/5/2001, dated 26.11.2015 which set out the

guidelines under which such applications are to be considered.

2. Sri T.Niranjan, learned Standing Counsel for

respondents, on instructions, submits that the application of

the petitioner is belated and cannot be considered.

3. In view of the Office Memorandum cited by the

petitioner and in view of the Judgment of this Court cited above,

the present writ petition is disposed of with a direction to the 2nd

respondent to consider the representation of the petitioner dated

10.02.2021 in accordance with the Office Memorandum of the

Ministry of External Affairs bearing No.VI/401/2/5/2001, dated

26.11.2015 and take a decision as to whether such a request

can be accepted or not within a period of four weeks from the

date of receipt of a copy of this order after giving opportunity to

the hearing of the petitioner.

4. Accordingly, the Writ Petition is disposed of. There

shall be no order as to costs.

Miscellaneous Petitions, if any pending, in this Writ

petition, shall stand closed.

________________________________ JUSTICE R.RAGHUNANDAN RAO

Date : 19-03-2021 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.6345 of 2021

Date : 19-03-2021

RJS