You should apply to judicial magistrate in Varanasi to change place of birth in your passport as passport office will not change place of birth in absence of court orders 

Place of birth is wrongly mentioned as Varanasi 

birth certificate reflects your correct place of birth as Kolkata 

You have to apply for reissue of passport with relevant documents to change place of birth and get the  required changes affected in the  new passport.

You have to file a suit for declaration to declare the correct place of your birth as per the birth certificate held in your possession and an affidavit giving reasons for the incorrect place of birth at that time. 

On the basis of court order you can apply for reissue of passport with the correct place of birth. 

Judicial magistrate or the sub divisional magistrate may not be the appropriate legal forum to pass an order in this regard.

You may file a suit for declaration before jurisdictional civil court to declare the correct place of birth and direction to the concerned passport authority to make corrections in the passport and reissue the passport.  

- You can apply for the re-issue of the passport on the ground of the certificate of birth ,however before it there must be address proofs as well.

- Further, if rejected by the the passport authority then you an approach the Court for getting the same. 

To seek a court order from the Judicial Magistrate or Sub-Divisional Magistrate for changing the place of birth in your passport, you will need to file a petition explaining your request and supporting it with the necessary documentation. Below is a general guideline on how to proceed:

1. Petition Filing: You need to draft a petition for changing the place of birth in your passport. This petition should include:

   • Details of your current passport, including the place of birth (Varanasi).
   • A request to change the place of birth to Kolkata, along with the reasons for this change.
   • Mention that you have the original birth certificate from Kolkata that supports the change in place of birth.

2. Supporting Documents: You will need to attach the following documents:

   • A copy of your current passport with the incorrect place of birth (Varanasi).
   • The original birth certificate from Kolkata.
   • Any other documents that can substantiate your claim (e.g., previous passport, proof of residency in Kolkata, etc.).

3. Application for Court Order: Mention in the petition that:

   • The place of birth in the passport needs to be corrected as per the birth certificate issued by the authorities in Kolkata.
   • You are requesting a court order to approve the change in the place of birth in your passport.
   • If there are conflicting documents, such as the passport versus the birth certificate, you are seeking a judicial determination to resolve this issue.

4. Hearing: After filing the petition, the court will schedule a hearing. During the hearing, you will need to present your case, along with the supporting documents, to the magistrate.

5. Court's Order: If the magistrate is satisfied with the documents and reasons provided, they may issue a court order directing the correction of the place of birth in your passport.

Once you obtain the court order, you can approach the passport office with the order and the required documents to apply for the correction in your passport.

It is advisable to consult with a local lawyer for detailed assistance in drafting the petition and representing you in court.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

You can execute POA in favour of family member 

if court insists your personal presence would be necessary 

- You can give POA to your father for filing the petition and to engage a lawyer on your behalf. 

- The said POA should be notarized as per rule of US and attested from the consulate of India. 

As you are the plaintiff your presence is very essential before court to conduct your case, however if you authorized your father by giving him a power of attorney deed for this purpose, he can represent you before court during your absence, in any case you need to be physically present at the time giving evidence in the case.

You can change the same by filing application for change and attaching documents

Steps to Obtain the Court Order:

1. File a Petition in Court:

   • The petition must state:

     • The reason for the discrepancy in the place of birth.
     • Details of the new birth certificate from Kolkata.
     • An explanation for why Varanasi was initially recorded.

2. Supporting Documents:

   • Original and copy of your birth certificate from Kolkata.
   • Copies of your old passport(s) showing the incorrect place of birth.
   • Proof of residence in the USA (if applicable).
   • An affidavit affirming the correctness of the new place of birth.

3. Representation in Court:

   • You do not need to be present in person if you authorize your father or any other person through a power of attorney (PoA).
   • The PoA should be notarized and apostilled in the USA and sent to India.

4. Court Proceedings:

   • The authorized representative (your father) or your lawyer will present the petition.
   • The court will verify documents and, if satisfied, issue an order for the change of place of birth.

5. Submit to Passport Office:

   • Provide the court order, new birth certificate, and other required documents to the Regional Passport Office in India or the nearest Indian embassy/consulate in the USA.

Additional Notes:

• Ensure the birth certificate is issued by the Municipal Corporation of Kolkata or an authorized body.
• Be prepared for a timeline of a few months for the court process and passport update.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

To change your place of birth in your passport, you'll need to obtain a court order from a First Class Judicial Magistrate or Sub-Divisional Magistrate in India. Since you're in the USA, you'll need to follow a specific process:

# Step 1: Prepare Documents

1. *Birth Certificate*: Ensure you have a valid birth certificate from Kolkata, which you've already obtained.

2. *Old Passports*: Gather all your old passports that mention Varanasi as your place of birth.

3. *Proof of Identity*: Provide a valid government-issued ID, such as a driver's license or Aadhaar card.

4. *Affidavit*: Prepare an affidavit stating the reason for the change in place of birth and that you're requesting the correction.

# Step 2: Authorize a Representative in India

Since you're in the USA, you'll need to authorize someone in India to represent you in court. This can be a family member, friend, or a professional representative.

# Step 3: File a Petition

Your representative will need to file a petition in the court of a First Class Judicial Magistrate or Sub-Divisional Magistrate in Kolkata. The petition should:

1. State the reason for the change in place of birth.

2. Provide details of the conflicting documents (old passports and new birth certificate).

3. Request the court to issue an order correcting your place of birth.

# Step 4: Court Proceedings

The court will schedule a hearing, and your representative will need to appear in court. Be prepared to provide additional documentation or testimony if required.

# Step 5: Obtain the Court Order

Once the court grants the petition, you'll receive a court order stating the correction in your place of birth.

# Step 6: Submit Documents to the Passport Office

With the court order, you can submit your application to the Regional Passport Office in India or the Indian Embassy/Consulate in the USA to correct your place of birth in your passport.

# Additional Tips

1. *Consult the Indian Embassy/Consulate*: Reach out to the Indian Embassy or Consulate in the USA for guidance on the process and required documents.

2. *Hire a Professional Representative*: If possible, consider hiring a professional representative in India to handle the court proceedings on your behalf.

3. *Be Patient*: The process may take several months to a year or more, so be prepared to wait.

By following these steps, you should be able to obtain the required court order and correct your place of birth in your passport.