Aman Lohia vs Union Of India & Ors.

Mr. Mukhopadhyay, learned advocate appearing for the petitioner submits that the petitioner approached this Court earlier by a writ petition being

W.P. No.18080 (W) of 2016 since the respondent no.3 was not renewing his passport. Such renewal was withheld purportedly on a ground that the

petitioner has failed to produce a formal letter written by the Kolkata Municipal Corporation (in short, the KMC) to the effect that the birth certificate

showing his date of birth as 28th December, 1991 stands cancelled.

Mr. Mukhopadhyay submits that the petitioner’s original date of birth is 27th July, 1992 and a certificate to that effect was issued by the Bhatpara

Municipality on 5th January, 1993. Being unaware of issuance of such birth certificate, the grand father of the petitioner applied for petitioner’s

Birth Certificate before the KMC authorities in the year 1995 and inadvertently intimated the date of birth of the petitioner to be 28th December, 1991

and on the basis of such application, Birth Certificate was issued by the KMC in the year 1995 showing the petitioner’s date of birth as 28th

December, 1995.

By an order dated 2nd November, 2016 the Court directed that the respondent no.3 shall issue a reasoned order of rejection of the petitioner’s

prayer for renewal of licence. After issuance of the said order, the petitioner would be at liberty to approach the KMC to pass a formal order to the

effect that his birth certificate showing his date of birth as 28th December, 1991 stands cancelled. It was further directed that in the event the KMC

certifies such cancellation, the petitioner would be at liberty to place such certificate before the respondent no.3, who in turn, would proceed to revoke

the rejection and reconsider the earlier application for renewal of passport.

Pursuant to the said order, the respondent no.3 passed an order on 28th November, 2016 advising the petitioner to produce certificate of cancellation

of Birth Certificate bearing no.24125 dated 19th January, 1995. It was also observed in the said order that on submission of usual documents, passport

facilities can be extended after verification of the Birth Certificate issued by the Bhatpara Municipality bearing no.3874 dated 5th January, 1993.

After communication of the said order, the petitioner approached the KMC authorities for issuing certificate of cancellation of Birth Certificate issued

on 19th January, 1995. The KMC authorities, however, did not respond to the petitioner’s application and, as such, the petitioner submitted an

application under the provision of Right to Information Act, 2005 seeking answers to the following queries :

“1) Whether the above referred Document is cancelled or not as per request submitted by Mr. Aman Lohia?

2) If so, please provide me the details of the same along with a cancellation certificate or any such document with respect to cancellation of the

Document and further inform me in case any requisite fees to be paid for the same.†In reply thereto, Chief Municipal Health Officer, KMC by a

letter dated 8th March, 2018 informed as follows :

“Answer to Query no.1) The stated event of birth of Aman Lohia has been cancelled, but not as per request of Mr. Aman Lohia. Answer to

Query no.2) The stated event of birth has been cancelled not only on the basis of relevant legal documentation as submitted by you, but also on the

basis of a prayer for effecting the same by Sunil Lohia (father of Aman Lohia)â€​.

From the information given by the letter dated 8th March, 2018, it is clear that the Birth Certificate issued on 19th January, 1995 in the name of the

petitioner has been cancelled. However, no instruction is forthcoming as to why no formal communication has been issued by the competent authority

certifying that the birth certificate issued on 19th January, 1995 stands cancelled. In such circumstances, this Court directs the Chief Municipal Health

Officer, Kolkata Municipal Corporation to issue a formal communication to the petitioner certifying that the stated event of the birth of the petitioner,

as recorded in the earlier certificate dated 19th January, 1995, has been cancelled.

With the above observation and direction the writ petition is disposed of. There shall however be no order as to costs. Urgent photostat certified copy

of this order, if applied for, be given to the learned advocates for the parties.