IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.35413 OF 2025 DATE OF ORDER: 28.11.2025 Between:

Mohammed Fakr Uddin and another ...Petitioners AND The Registrar of Births and Deaths and Commissioner, Circle No.17, Khairatabad, Greater Hyderabad Municipal Corporation (GHMC), Hyderabad.

...Respondent HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.35413 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioners seeking to declare the action of the respondent in not considering the name of petitioner No.2 in his birth certificate issued on 23.05.2025 vide Registration No.774 dated

14.12.1965, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. Mohd.Hassan, learned counsel for the petitioners; Mr. Midde Arun Kumar, learned Standing Counsel for GHMC (Greater Hyderabad Municipal Corporation), appearing for the respondent;

and perused the material on record.

3. The case of the petitioners is that petitioner No.2 holds passport bearing No.E9386537 issued at Hyderabad on 17.06.2004 which expired on 16.06.2014. Petitioner No.2 is an uneducated person and worked as a driver in the Kingdom of Saudi Arabia (K.S.A.) for a period of twenty (20) years. It is submitted that originally, the passport was issued to petitioner No.2 in 1982 and thereafter, it was renewed twice in 1992 and 2004. On 24.09.2024, petitioner No.2 filed an application before the Passport Authority for renewal/reissue of the passport along with other original documents vide File No.ARN:24-10108205091. That as per the rules and format of the passport application, petitioner No.2 furnished his personal details (signatures, given name, date of birth and address). However, the passport authority refused to renew/reissue the passport and it was kept on hold on the ground that the Date of Birth in the Expired Passport as 06.06.1950 and the Date of Birth reflecting in the other documents i.e., 1. Aadhaar Card, 2. PAN Card, as 06.06.1966 are completely different and therefore, the passport cannot be renewed/ reissued and petitioner No.2 was directed to clarify the same. It is submitted that on 29.11.2024, petitioner No.2 visited Aadhar Service Kendra (ASK Centre), Moosarambagh Metro Station, Saroornagar, Hyderabad for correction of Date of Birth in Aadhar Card, however, the same was refused as ‘Passport Expired Invalid Application Rejected’. That on 02.12.2024, petitioner No.2 approached Aayakar Bhavan, L.B. Stadium Road, Band Colony Adarsh Nagar, Hyderabad, for the correction of Date of Birth in Pan Card and Aayakar Bhavan orally instructed petitioner No.2 to apply for Pan Card along with valid passport. Thereafter, petitioner No.2 filed W.P. No.36857 of 2024 before this Court seeking to direct the passport authorities to renew his passport and the same was dismissed by the order dated 31.12.2024 on the ground that ‘Prayer is Vague’.

4. Learned counsel for the petitioners submitted that on 12.05.2025, petitioner No.2 approached the GHMC for obtaining birth certificate vide Application No.315780000018404; the GHMC issued certificate to petitioner No.2 on 23.05.2025 along with Lr. No.45/HS/B & D/CIR- 17/KBZ/GHMC dated 18.07.2025 stating that ‘the date of registration has lapsed and therefore they shall not be allowed to avail the child name inclusion after 15 years of period from the date of registration. Therefore, Sri. Mohammed Fakruddin for inclusion of his or her child's name in the birth register cannot be considered as per rules’. Learned counsel submitted that the action of the respondent is arbitrary and unconstitutional. Due to non-mentioning of the name of petitioner No.2 in the birth certificate dated 23.05.2025, petitioner No.2 is suffering serious hardship and irreparable loss and not able to get passport, Aadhaar Card, and other essential documents. It is submitted that the order dated 01.09.2023 was passed by the High Court of Karnataka in W.P. No.18413 of 2023 wherein simi