Simar Chand vs Union of India (UOI) and Another

This petition has been filed for issuance of writ of mandamus for taking action on legal notice for correction of date and place of birth in the passport of the petitioner.

The petitioner was issued a passport on 4.7.1973 for 5 years which was further renewed for 5 years. Thereafter, he was issued another passport on 13.6.1988 and then on 8.5.1993 by Indian Embassy at Riyadh, which was valid upto 07.05.03. Thereafter, another passport was issued to the petitioner by Indian Embassy at Jeddah on 21.06.2003 valid upto 20.06.2013. As per allegations in the petition, another passport was issued to the petitioner on 19.04.2006, valid upto 18.04.2016.

It is further alleged in the petition that the petitioner came to know on 15.01.1996 that the date of birth of the petitioner was not 02.03.1941, as mentioned in various passports issued but was 20.12.1936. The petitioner had earlier filed CWP No. 5341 of 2006 seeking direction for decision of legal notice dated 13.01.2006 for change of date of birth and the name, in his passport, which was disposed of by this Court by passing the following order:

It is stated that the petitioner has applied for correction of his name and date of birth in the passport, but no decision is being taken.

Let respondent No. 2 take a decision on the application in accordance with law and conveyed to the petitioner within one month from the date of presentation of a copy of this order.

The petition is disposed of.

Accordingly a fresh passport was issued to the petitioner with his corrected name on 19.04.2006.

After receipt of the fresh passport with corrected name the petitioner again issued a notice on 10.5.2006 with regard to the correction of his place of birth and date of birth in the passport issued on 19.4.2006. It is interesting to note that in this legal notice issued on 10.5.2006, the petitioner sought even the change in the place of birth which was not sought earlier by the petitioner. Even though allegedly this was within the knowledge of the petitioner ever since he was informed of this by the Sarpanch or other resident of the village in the year 1996. It is this legal notice, direction for decision of which is sought by the petitioner, by way of the present petition.

We have heard learned Counsel for the petitioner and perused the record.

As far as change of date and place of birth is concerned, the facts are mentioned in the passport as per details furnished by the petitioner ever since he was issued first passport on July 4,1973. Thereafter, it has either been renewed or issued afresh a number of times. The petitioner will not be entitled to get the date and place of birth in the passport changed after lapse of so many years merely on the statement or the alleged affidavit of some Sarpanch of the village, in the absence of any un-impeachable documentary evidence to support his case.

We do not find any justification to issue a writ of mandamus directing the respondents for consideration of his legal notice, for correction of date and place of birth.

Accordingly, the writ petition is dismissed.