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2026 DAILYLAW 49130 (CAL)

SK SABIR v. UNION OF INDIA AND ORS.

WPA/26329/2026 · 2026-10-09

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03. 09.10.2026. Court No.551. (Pritam) WPA 26329 of 2026 Sk. Sabir. -Vs.- Union of India & Ors. Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh. … for the petitioner. Mr. Siddhartha Lahiri, Mr. Md. Shahil, Mr. Debraj Dutta. ....for the UoI. Mr. Debashis Basu, Ld. AGP., Mrs. Sneha Dutta, Mr. Chandrachur Lahiri. ......for the Judicial Secretary. 1. Petitioner, Union of India and State are represented. 2. The instant writ petition has been filed for seeking direction upon the respondent/passport authorities to issue passport to the petitioner. 3. It is submitted that the petitioner was holding a passport in which the date of birth of the petitioner was recorded as 1st January, 1977. The petitioner thereafter applied for renewal of passport. At the time of such renewal, the petitioner claimed that his date of birth was 2nd August, 1977. It further transpires that in support of his claim, the petitioner submitted voter identity card, Aadhaar Card, driving licence. The petitioner applied for renewal of the passport on August 5, 2026 as well as for correction of his date of birth to August 2, 1977 instead of January 1, 1977. 2 4. According to the petitioner, the passport authorities made a mistake while recording the date of birth in the earlier passport. The petitioner waited for issuance of fresh passport noting the correct date of birth but the same was not issued in favour of the petitioner. 5. It has been submitted by the petitioner that the passport authorities did not take any steps for issuance of a renewed passport in favour of the petitioner with the correct date of birth. The passport authorities also paid no heed to the request made by the petitioner for such correction. Hence, the instant writ petition. 6. On the other hand, the learned advocate appearing for the Union of India submits that at the time of issuance of the earlier passport, the petitioner himself declared by an affidavit that his date of birth was January 1, 1977. The Union of India has produced a written instruction, which will be taken on record. It transpires therefrom that the petitioner also relied upon admit card issued by the Swami Vivekananda Secondary & Sr. Secondary Open Education, Delhi. 7. It is the allegation of the petitioner that such documents produced by the petitioner have not not considered by the passport authorities and his representation has not been considered by the authorities. 8. In such circumstances, the instant writ petition may be disposed of with a direction upon the respondent authorities to consider and decide the application 3 made by the petitioner as well as the documents annexed with such application. 9. The authorities will pass a reasoned order at the time of consideration. The respondent authorities shall give the writ petitioner an opportunity of hearing and produce any relevant document in support of his application. Such exercise shall be concluded within a period of six weeks form date. 10. The decision taken by the authorities upon such consideration shall be communicated to the petitioner within a week of such decision. 11. With the aforesaid observations and directions, WPA 26329 of 2026 is disposed of. 12. Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted. 13. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Md. Shabbar Rashidi, J.)