Patel Mukeshkumar Ramjibhai vs Regional Passport Officer on 23 September, 2015

[Cites 3, Cited by 1]

Gujarat High Court

Patel Mukeshkumar Ramjibhai vs Regional Passport Officer on 23 September, 2015

Bench: R.M.Chhaya

                 C/SCA/12175/2015                                            ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    SPECIAL CIVIL APPLICATION NO. 12175 of 2015
         ==========================================================
                   PATEL MUKESHKUMAR RAMJIBHAI....Petitioner(s)
                                     Versus
                   REGIONAL PASSPORT OFFICER....Respondent(s)
         ==========================================================
         Appearance:
         MR YV VAGHELA, ADVOCATE for the Petitioner(s) No. 1
         MR PRIYANK LODHA, FOR MR. DEVANG VYAS, ADVOCATE for the
         Respondent(s) No. 1
         ==========================================================
                 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                                    Date : 23/09/2015


                                     ORAL ORDER

1. Heard Mr.Y.V.Vaghela, learned counsel for the petitioner, and Mr.Priyank Lodha, learned Central Government Counsel for the respondent authority.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order or direction directing the respondent authority to consider the pending application filed by the petitioner for correction in the name of mother and wife of the petitioner in the passport bearing No.L5086469.

3. It is pertinent to note that in the earlier passport, which was issued to the petitioner bearing No.B5714352, name of mother of the petitioner was mentioned as "Patel Jyotsanaben Ramjibhai". Record indicates that thereafter, the petitioner applied on Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu Sep 24 01:51:17 IST 2015 C/SCA/12175/2015 ORDER line for renewal of his passport, wherein name of mother of the petitioner is shown as "Babubahen Ramjibhai Patel" and similarly, in the earlier passport, name of wife of the petitioner was spelled out as "Patel Daxaben Mukeshkumar", whereas in the renewal application, name of wife of the petitioner is mentioned as "Dakshaben Mukeshkumar Patel".

4. It is further the case of the petitioner that therefore, the petitioner has approached learned Judicial Magistrate First Class, Patan, for issuance of Birth Certificate, wherein name of mother is mentioned as "Babuben". Learned JMFC, Patan, after inquiry, allowed the said application filed by the petitioner under the provisions of the Registration of Birth and Death Act, 1969, vide order dated 13.03.2009. Record further indicates that thereafter, the competent authority issued a Birth Certificate on 17.03.2009, wherein name of mother of the petitioner is mentioned as "Babuben". On the basis of the said Birth certificate, it is contended by the petitioner that name of mother may be changed from "Jyotsanaben" to "Babuben" in the passport No.L5086469. Similarly, the petitioner has also prayed for correction in the name of his wife as hereinabove.

5. In response to the notice issued by this Court, Mr.Priyank Lodha, learned Central Government Counsel appears for the respondent authority and candidly submits that as far as correction in the spelling of wife of the petitioner from "Daxaben" to "Dakshaben"

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HC-NIC Page 2 of 4 Created On Thu Sep 24 01:51:17 IST 2015 C/SCA/12175/2015 ORDER is concerned, the same shall be considered in accordance with law, on the petitioner's submitting relevant proof/certificate as regards the correct spelling of wife of the petitioner i.e. "Dakshaben". It is further submitted that not a single relevant document is submitted by the petitioner and therefore, no such change can be made by the Passport Authority from "Jyotsanaben" to "Babuben". Considering the judgment of this Court in the case of Nitaben Nareshbhai Patel Vs. State of Gujarat, it appears that the petitioner did approach learned JMFC, who has passed the order dated 13.03.2009 after inquiry as envisaged under the relevant provisions of the Act, wherein name of mother of the petitioner is mentioned as "Babuben".

6. Learned counsel for the respondent authority has rightly contended that not a single relevant documents, as regards the correct name of mother of the petitioner, has been brought on record by the petitioner.

7. In light of the peculiar facts and circumstances of the case, the following order is passed:

(i) The petitioner shall furnish all the relevant documents, including the certificates and the order passed by learned JMFC, Patan, dated 13.03.2009 as well as the true copy of the Birth Certificate issued by the competent authority. It would be open to the petitioner to produce other documents/certificates to show the real name of his mother as "Babuben".

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HC-NIC Page 3 of 4 Created On Thu Sep 24 01:51:17 IST 2015 C/SCA/12175/2015 ORDER Petitioner shall also produce necessary document to show the real name of wife of the petitioner as "Dakshaben".

(ii) Respondent authority shall consider such documents and pass necessary order for correction in the spelling of name of wife of the petitioner as well as in name of mother of the petitioner in accordance with law, preferably within a period of 45 (forty five) days from the date of receipt of such documents. It is, however, clarified that the respondent authority shall consider the same in accordance with law.

With these observations and directions, the petition stands disposed. Notice is discharged. Direct service is permitted.

(R.M.CHHAYA, J.) Suchit Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Sep 24 01:51:17 IST 2015

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