Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
71ST COURT, BANDRA, MUMBAI.
ORDER IN C. C. NO. 263/N/2023
Gajanand Agarwal. ... Applicant.
V/s.
The Regional Passport Officer,
Mumbai ... Respondent.
ORDER
1. The applicant Gajanand Agarwal, has filed application for
seeking direction to regional passport officer to correct the birth place in
passport of the applicant. The applicant is having passport No.V9951710
issued on 13/05/2022, which would expired on 12/05/2032. However, in
the said passport the birth place of applicant shown as Jamshedpur,
Jharkhand instead of Calcutta. The applicant seeking direction to correct
the birth place of applicant in his passport. The respondent duly served
with notice Exh.7, but did not appear nor filed its say to the application.
2. I have heard arguments of Ld. Advocate Shri G. S. Pandey.
3. Perused the record. The applicant has filed on record the copy
of his passport, wherein birth place of applicant is shown Jamshedpur,
Jharkhand. But in birth certificate Exh.5 the place of birth of applicant is
Calcullta National Medical College And Hospital.
4. Applicant relied on the case of Cassiano D. Castelino V/s.
Regional Passport Officer reported in 2023 ALL MR (Cri) 1282, wherein
refusal to condone delay and direct correction by Magistrate is illegal.
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5. The place of birth of applicant in birth certificate Exh.5 has
shown Calcutta but in passport it has been mentioned Jamshedpur,
Jharkhand. Therefore, it can be corrected on the basis of the birth
certificate. Despite of notice respondent has not filed its say, therefore, by
relying upon the ration led down in above cited supra case Cassiano D.
Castelino, I am opinion that direction can be issued, as sought. Hence, I
proceed to pass following order.
ORDER
1. The application is allowed.
2. The respondent is hereby directed that, correct the birth of
place of applicant in passport, as Calcutta instead of
Jamshedpur, Zharkhad, as per rule.
Place : Bandra, Mumbai.
Date: 21/07/2023.
SRD.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai
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