JUDGMENT - G.D. Patil, J.:---Rule made returnable forthwith. Mr. Mehta, learned Counsel for respondent No. 1 waives service. The learned A.P.P. waives service for respondent No. 2 - State. Heard by consent.

2. By the instant petition, the petitioner is seeking a direction against respondent No. 1 for rectifying the mistake allegedly committed by the Passport Authority in relation to mentioning his date of birth as 2-7-1979 as against his correct date of birth 2-10-1979 in the passport issued to the petitioner.

3. The petitioner had made an application to the Passport authority for recording his correct date of birth in the passport making amendment in the passport. The Passport Authority appears to have declined to do so, unless the petitioner produces a declaratory order in that regard from the First Class Judicial Magistrate. The petitioner thereupon had approached the Metropolitan Magistrate, 30th Court, Kurla, Mumbai seeking such a declaration. The learned Metropolitan Magistrate by his Order dated 23-2-2000 disposed of the petitioner's application; on coming to the conclusion that the Court was having no jurisdiction in this regard. It is in these circumstances the petitioner

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