Gujarat High Court
Trupatiben Rajeshbhai Patel Daughter ... vs Superintendent Regional Passport ... on 6 April, 2015
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/18783/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18783 of 2014
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TRUPATIBEN RAJESHBHAI PATEL DAUGHTER OF KHIMJIBHAI
DAHYABHAI PATEL....Petitioner
Versus
SUPERINTENDENT REGIONAL PASSPORT OFFICE & 1....Respondents
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Appearance:
MR PRAKASH G PANDYA, ADVOCATE for the Petitioner.
MR DEVANG VYAS, LD.ASSISTANT SOLICITOR GENERAL for the
respondents.
NOTICE NOT RECD BACK for the Respondent No. 2
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 06/04/2015
ORAL ORDER
1. Rule. Mr.Devang Vyas, learned Assistant Solicitor General, waives service of Rule on behalf of the respondents.
2. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.
3. By way of the present petition, the petitioner has prayed as under:
"14 (A) Your Lordship may be pleased to admit and allow this petition.Page 1 of 3 C/SCA/18783/2014 ORDER
(B) Your Lordship be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents, their agents and servants to the fresh passport be issue in favour of the petitioner by the Passport Officer in favour of the petitioner with change in the name of her father.
(C) Any other relief deemed fit to meet the ends of justice may kindly be granted."
4. Mr.Prakash Pandya, learned advocate appearing for the petitioner would submit that the petitioner has got divorce according to her custom and divorce deed was executed on 18.04.2009 and, therefore, decree of Court is not required. He has relied upon the decision rendered by this Court in the case of Twinkle Rameshkumar Dhameliya V/s. Superintendent reported in [2005]9 G.H.J. 39.
5. Considering the facts and circumstances of the case, following order would meet the interest of justice :
"Respondent authority shall not insist for decree of the Court and shall decide the application submitted by the petitioner, as expeditiously as possible."
With the above observations, the present petition is disposed of. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
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