Bombay High Court
MOHAMMED WASIM SAMIULLAH KHANversusTHE UNION OF INDIA THR. REGIONAL PASSPORT OFFICER,
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that the petitioner must first file an application with the competent authority as per the Office Memorandum, and therefore the petition was disposed without a direct corrective order.
Summary
Mohammed Wasim Samiullah Khan filed a writ petition seeking a direction that the Union of India and other respondents record his correct date of birth (20‑10‑1984) and place of birth (Mumbai). The Union of India relied on an Office Memorandum dated 22 September 2016, which outlines a procedure for correcting such particulars. The Court observed that the petitioner must follow that procedure by filing an application with the competent authority. It directed the petitioner to move the application within two weeks, after which the authority should process the request in accordance with law. No direct order was made to the respondents to amend the records, and the petition was disposed.
Issues considered
- Whether the High Court can directly order the respondents to correct the petitioner’s date and place of birth without the petitioner first filing an application under the prescribed procedure.
Subjects
- Writ petition
- Correction of personal particulars
- Date of birth
- Place of birth
- Administrative procedure
- Competent authority
Judgment
(907)-WP-327-26.doc
PANCHAL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
BALAJI
BALAJI GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL Date:
2026.10.03
13:58:57
WRIT PETITION NO. 327 OF 2026
+0530
Mohammed Wasim Samiullah Khan ...Petitioner
Versus
The Union of India & Ors. ...Respondents
...
Mr. Mohammed Juned Chaudhari, for the Petitioner.
Mr. Amogh Singh a/w Mr. Pavan Patil, Mr. Parth Malusare &
Mr. Shubham Sharaf, for the Respondent No.1-UoI.
Ms. K. H. Mastakar, for the Respondent No.2-BMC.
Mr. Rakesh H. Pathak, AGP for the Respondent No.3-State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 1st OCTOBER, 2026.
P.C.:
1. Heard learned Counsel for the Petitioner, Mr.
Chaudhari and Mr. Singh, for Respondent No.1-Union of India.
2. The instant Writ Petition is preferred for a direction
to the Respondents to accept and record the Petitioner’s
correct particulars of date of birth as 20.10.1984 and place of
birth as Mumbai.
1
(907)-WP-327-26.doc
3. At the outset, learned Counsel for the contesting
Respondent i.e. Union of India has placed on record the Office
Memorandum dated 22nd September, 2016. He submits that
there is a detailed procedure provided therein. In case
appropriate remedial steps are taken by the Petitioner, the
Competent Authority shall certainly process the claim of the
Petitioner in accordance with law.
4. We leave it open to the Petitioner to move an
appropriate Application addressed to the Competent Authority
of the Respondents in the light of the Office Memorandum
dated 22nd September, 2026. In case, any such Application is
moved within two weeks by the Petitioner, we expect that the
Competent Authority shall process the same and decide the
same including taking the remedial action, in accordance with
law.
5. With the aforesaid directions, Writ Petition is
Disposed Of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.