Jillela Devananda Rao vs Passport Officer
2024 Latest Caselaw 4815 AP

Andhra Pradesh High Court - Amravati

Jillela Devananda Rao vs Passport Officer on 26 June, 2024

APHC010035892019
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI             [3458]
                               (Special Original Jurisdiction)

             WEDNESDAY, THE TWENTY SIXTH DAY OF JUNE
                TWO THOUSAND AND TWENTY FOUR
                                   PRESENT
       THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
                   CIVIL REVISION PETITION NO: 982/2019
Between:
Jillela Devananda Rao                                             ...PETITIONER
                                      AND
Passport Officer                                                ...RESPONDENT

Counsel for the Petitioner: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent: 1. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following:

The present Civil Revision Petition is filed against the order dismissing

the Review Petition filed by the petitioner under Order XLVII Rule 1 of the

Code of Procedure Code (for short "C.P.C"), seeking review of the Judgment

and Decree in I.A.No.824 of 2018 dated 08.10.2018 in O.S.No.143 of 2018,

on the file of the III Additional Junior Civil Judge, Visakhapatnam.

2. The learned Trial Judge has dismissed the Review Petition filed by the

petitioner, on the ground that the petitioner during the trial has failed to

produce the Birth Certificate and that there is no new fact or new evidence,

which has been brought on record necessitating review of the order.

3. The learned counsel for the petitioner, inter alia submits that the suit

filed by the petitioner, was for a declaration that his date of birth as 15.06.1971

and not 03.07.1963, as mentioned in his Passport. The suit was dismissed on

the ground that the petitioner had failed to produce the original birth certificate

and had produced only SSC Certificate, Aadhar card and Voter ID cards. The

learned Trial Judge observed that without filing the Birth Certificate issued by

either the Municipal Authorities or Gramapanchayats in prescribed proforma,

the relief sought by the petitioner cannot be entertained. Against which the

petitioner filed I.A., seeking review of the said Judgment and Decree, stating

that the when the suit was taken up for Trial, the learned counsel for the

petitioner had gone out of town on account of bereavement in his family and

could not attend to the Court; and the Birth certificate though was entrusted to

the advocate to produce the same in the Court, but the advocate had

mistakenly has not filed the same in the Court. He accordingly, sought for an

opportunity to produce the said certificate. The learned Trial Judge has

dismissed the Review Petition. Hence, the Revision Petition.

4. Heard the submissions of the learned counsel for the petitioner as well

as the respondent. During the course of arguments, the learned counsel for

the petitioner had placed on record a copy of the Birth Certificate issued by

Registrar of Births & Deaths, Srungavarappadu, Sakhinetipalli Mandal, East

Godavari District, dated 27.03.2018, which shows the date of birth of birth of

the petitioner as 15.06.1971.

5. The learned Standing Counsel appearing for the 1st respondent placed

on record the relevant Office Memorandum/Instructions that are issued from

time to time by Ministry of External Affairs, on the subject issue and submits

that the petitioner can as well approach the authorities, seeking correction of

date of birth.

6. Considered the submissions of the learned counsel for the petitioner

and the respondent and perused the material on record, having considered

the rival submissions this Court is of the considered view that the matter

requires consideration by the learned trial Judge. Therefore, the order under

Revision is set aside and the matter is remitted to the learned trial Judge to

pass appropriate orders on the Review Petition filed by the petitioner. The

petitioner shall place on record a copy of the original birth certificate before the

learned trial Court, upon filing of the said certificate, the learned trial Judge,

shall dispose of the Review Petition within a period of six (06) weeks, from the

date of filing of the said certificate.

7. Accordingly, this Civil Revision Petition is disposed of. No costs.

As a sequel, interlocutory applications, pending if any, shall stand

closed.

________________________________________ JUSTICE KIRANMAYEE MANDAVA 26.06.2024 Ksj