Telangana High Court
Shaik Mohammad Abdul Rouf,Ysr Dist. vs The Union Of India,New Delhi, Anr. on 6 December, 2018
HON'BLE SRI JUSTICE P.KESHAVA RAO
WRIT PETITION No.31104 of 2013
ORDER:
Heard the learned counsel for the petitioner and Smt. Anjali Agarwal, learned Standing Counsel for the respondents 1 and 2.
The prayer sought for in the writ petition is as under:
"......to issue a writ, order or direction, more particularly, one in the nature of writ of mandamus declaring the action on the part of the respondent No. 2 in renewing the passport of the petitioner bearing No. Q347464 by correcting the name of the petitioner as Shaik Mohammed Abdul Rouf from Kothapally Mohammed Rouf, as arbitrary illegal contrary to the provisions of the Passport Act, 1967 and settled principles of legal position apart from being violative of the fundamental rights guaranteed to him under Articles 14 and 19 of the Constitution of India and consequently direct the respondent No. 2 to renew the Passport of the petitioner bearing No. Q347464 with corrected name of the petitioner as Shaik Mohammed Abdul Rouf from Kothapally Mohammed Rouf and to pass such other order or orders as this Hon'ble Court may deem fit, just and proper in the circumstances of the case."
The second respondent filed counter-affidavit denying the material allegations made in the affidavit filed in support of the writ petition and contended inter alia that the procedure to apply for change of name in the existing passport is very much available in public domain i.e. http://www.passportindia.gov.in and the petitioner is required to file Online registration form along with documents at the prescribed Passport Seva Kendras designated under the Regional Passport Officer's jurisdiction. The Regional Passport Office cannot accept and process the request of the 2 applicants merely on request letter submitted by them contrary to the procedure as stated supra.
In the light of the same, no further cause would survive in the writ petition and it is liable to be dismissed.
Accordingly, the writ petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, pending if any, shall stand closed.
However, the petitioner is given liberty to file a fresh application for change of name and for issuance of passport with correct name as per the procedure laid down in the guidelines for issuance of Passport. On filing such application, the second respondent is directed to consider the same and pass appropriate orders, as expeditiously as possible.
_________________ P.KESHAVA RAO,J Date:06.12.2018 ccm 3 THE HONOURNABLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.31104 of 2013 Date:06.12.2018 ccm