Dilipbhai Kalyanbhai Patel vs Regional Passport Office on 15 February, 2017

[Cites 2, Cited by 2]

Gujarat High Court

Dilipbhai Kalyanbhai Patel vs Regional Passport Office on 15 February, 2017

Bench: R.M.Chhaya

                      C/SCA/660/2017                                                    ORDER



                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         SPECIAL CIVIL APPLICATION NO. 660 of 2017
         ==========================================================
                     DILIPBHAI KALYANBHAI PATEL....Petitioner(s)
                                     Versus
               REGIONAL PASSPORT OFFICE, SURAT & 1....Respondent(s)
         ==========================================================
         Appearance:
         MR GAJENDRA P BAGHEL, ADVOCATE for the Petitioner(s) No. 1
         KSHITIJ M AMIN, ADVOCATE for the Respondent(s) No. 1
         NOTICE SERVED BY DS for the Respondent(s) No. 1 - 2
         ==========================================================
          CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                                              Date : 15/02/2017


                                                ORAL ORDER

1. Heard Ms.Ansuya Makwana, with Mr.Gajendra P. Baghel, learned counsel for the petitioner and Mr.Kshitij Amin, learned Central Government Counsel for respondent No.1 - Passport Authority.

2. Learned counsel for the petitioner seeks permission to delete respondent No.2 as well as the prayer prayed for in paragraph 8(C) with a liberty to file appropriate proceedings under the provisions of the Gujarat Secondary Education Regulation Act, 1974.

3. 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

- Passport Authority to issue fresh passport with correct birth place as "Bahadurpur", in place of "Badalpur". It appears from the record of the petition that the petitioner had earlier applied for passport and the respondent authority had issued passport bearing No.F 5771162, wherein birth place is mentioned as "Badalpur".

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HC-NIC Page 1 of 2 Created On Thu Feb 16 03:32:29 IST 2017 C/SCA/660/2017 ORDER

4. It goes without saying that earlier passport was applied by the petitioner on basis of the school leaving certificate and now on basis of the birth certificate, which is issued by respondent No.2 authority under the provisions of the Registration of Birth and Death Act, 1969, birth place is mentioned as "Bahadurpur" and therefore, the petitioner has approached the respondent authority by way of an application dated 29.07.2016, which is pending for its consideration.

5. Mr.Kshitij Amin, learned Central Government Counsel for the respondent - Passport Authority, on instructions, states that the application of the petitioner shall be considered in accordance with law, as expeditiously as possible.

6. The petitioner is at liberty to produce all authenticated documents to show that real place of birth of the petitioner is "Bahadurpur", not "Badalpur" as mentioned in the passport granted to the petitioner earlier.

7. Considering the statement by learned counsel for the respondent authority, the respondent authority is hereby directed to process the application dated 29.07.2016 pending before it, as expeditiously as possible.

With the above observation and direction, the petition stands disposed of.

Direct service is permitted.

(R.M.CHHAYA, J.) Suchit Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Feb 16 03:32:29 IST 2017

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