Usha Sharma vs Governement Of Rajasthan & Ors.

Court
Delhi High Court

$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
% Date of Decision: November 03 , 2026
# CNR No. DLHC010254572026
+ W.P.(C) 7857/2026 & CM APPL. 38027/2026, CM APPL.
38028/2026
USHA SHARMA .....Petitioner
Through: Mr. Sudhanshu Sikka,
Ms. Nancy Thapar, Ms. Anjali
Mathur & Mr. Himanshu Maan,
Advs.
Versus
GOVERNEMENT OF RAJASTHAN & ORS. .....Respondents
Through: Mr. Kartikeya Asthana, Panel
Counsel with Ms. Siddhidatri
Jha, Adv. for R1 & 2.
Mr. Mukul Singh, CGSC with
Mr. Aryan Dhaka & Mr. Vivek
Nagar, Advs. for R3 & 4.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. By way of the present petition, the petitioner seeks following
prayers:
“a. That this Hon’ble Court by a Writ in the nature of
Mandamus or any other appropriate Writ, direction or
order to direct the Respondent no. 1 & 2 to immediately
cancel birth certificate having registration no. 953/1959
issued on 15.11.2018 by the respondent no. 2;
b. That this Hon’ble Court by a Writ in the nature of
Mandamus or any other appropriate Writ, direction or
order to direct the Respondent no. 1 & 2 to immediately
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:03.11.2026
19:47:41
W.P.(C) 7857/2026 Page 1 of 4

initiate appropriate inquiry with regard to alteration and
Tempering in the Register of records of Birth Certificate
maintained by the Respondent no. 2 and take appropriate
action against Mr. Ashok Kumar Chandrul and concerned
officials of the Respondent no. 2 for alteration and
Tempering in the Register of Birth Certificate done for
issuance of birth certificate having registration no.
953/1959 issued on 15.11.2018 by the Respondent no. 2
c. That this Hon’ble Court by a Writ in the nature of
Mandamus or any other appropriate Writ, direction or
order to direct the Respondent no. 3 to not act upon any
complaint on the Passport no. R7517454 of the passport of
the Petitioner without verifying the credentials and
authenticity of the complaint and the documents;
d. Direct the Respondent no. 3 to initiate appropriate legal
action against the said complainant namely Mr. Pramod
Sharma and Mr. Ashok Kumar Chandrul for filing false
and frivolous complaint against the Petitioner for
submitting wrong information regarding father’s name,
date of birth, mother’s name for getting passport issued to
the petitioner vide passport no. R7517454 issued/renewed
by the respondent no. 2 on 13.03.2018;
e. Direct the Respondent no. 3 to renew the passport of the
Petitioner as and when required without raising any further
objections without verifying the facts; f. Direct the
Respondent no. 4 to take appropriate action and investigate
with regard to the Forged Birth Certificate dated
15.11.2018, which is being used against the Petitioner
causing direct threat to the Petitioner and may cause
irreparable loss and harm to the Petitioner;
f. cost of the Petition be provided for; and”
2. The petitioner claims that she had obtained renewal of her
passport bearing No. R7517454 on 13.03.2018. Subsequently, she
received an objection letter dated 06.12.2018 from the Regional
Passport Office, pursuant to a complaint alleging that incorrect
particulars regarding her father's name, mother's name and date of
birth had been furnished by her for obtaining the passport. The
Petitioner alleges that the complaint was founded upon a birth
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:03.11.2026
19:47:41
W.P.(C) 7857/2026 Page 2 of 4

certificate bearing Registration No. 953/1959, issued on 15.11.2018
by the Alwar Municipal Corporation, which had allegedly been
procured by her relatives, namely, Mr. Pramod Sharma and Mr. Ashok
Kumar Chandrul, by manipulating the municipal birth register and
inserting her name therein in collusion with officials. The Petitioner
states the said certificate was misused by her relatives, to raise
objections at the time of renewal of her passport and apprehends that
the same would be repeated.
3. On this basis, the petitioner essentially seeks cancellation of the
disputed Birth Certificate stating that the same were made on the basis
of forged and fabricated documents and procured on the basis of
manipulation and tampering with the birth register maintained by
Respondent No. 2.
4. Evidently, the very nature of the dispute raised in the present
petition involves adjudication of disputed questions of facts,
particularly with regard to the genuineness of the disputed birth
certificate, the circumstances in which the entry bearing the
petitioner's name came to be incorporated in the municipal register
and the alleged role of the private individuals as well as the concerned
municipal officials. Determination of these issues would necessarily
require examination and appreciation of evidence, including the
original records maintained by the concerned municipal authority, and
cannot appropriately be undertaken in proceedings under Article 226
of the Constitution of India. The same can only be done by
appropriate forum.
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:03.11.2026
19:47:41
W.P.(C) 7857/2026 Page 3 of 4

5. Insofar as the apprehension that the private individuals may
initiate complaints in future before the Regional Passport Office, is
concerned, the same by itself, cannot furnish a basis for issuance of a
blanket direction restraining the statutory authorities from examining
any such complaint that may be received hereafter. Needless to state,
any complaint received by the concerned authority would have to be
examined in accordance with law and on its own merits, after due
verification of the material placed before it.
6. Equally, the petitioner's apprehension regarding possible
objections at the time of renewal of her passport is, at this stage,
premature.
7. In view of the aforesaid, this Court is not inclined to exercise its
writ jurisdiction for adjudication of the disputed allegations raised in
the present petition. The petitioner is at liberty to pursue appropriate
remedies in accordance with law
8. It is clarified that this Court has not expressed any opinion on
the merits or genuineness of the disputed birth certificate or the
allegations of tampering and forgery levelled by the petitioner.
9. The writ petition is dismissed, along with pending
application(s), if any.
AMIT MAHAJAN, J
NOVEMBER 3, 2026
“hkaur”
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:03.11.2026
19:47:41
W.P.(C) 7857/2026 Page 4 of 4