Research › Search › Judgment

Gujarat High Court · body

2003 DIGILAW 350 (GUJ)

ARUNABEN SURESHCHANDRA BODIWALA v. REGIONAL PASSPORT OFFICER

2003-06-23

J.N.PATEL

body2003
JAYANT PATEL, J. ( 1 ) RULE. Mr. N. J. Shah for Mr. D. N. Patel for respondent No. 1 waives service of rule. With the consent of parties matter is taken up for final hearing today. ( 2 ) THE contention raised by the petitioner is that the passport is already issued. However, initially the place of birth in the passport is recorded as Baroda whereas the correct place of birth is Surat. The petitioner submits that an application is made to the Passport Officer, however, the authorities have declined to consider the same in the absence of any order passed by this court. ( 3 ) ON behalf of Passport authorities it has been submitted that earlier on the basis of School Leaving Certificate passport has been issued. If this court directs the passport authorities, they will consider the matter. ( 4 ) MR. PANCHAL for the petitioner submits that in similar matters this court has passed orders giving directions to the passport authorities to reconsider the matter and to pass appropriate orders and thereafter to incorporate necessary correction in the passport already issued or to issue fresh passport. ( 5 ) IN view of the above, the respondent is directed to consider the case of the petitioner for change in birth-place from Baroda to Surat in the passport of the petitioner bearing No. N182153 and to pass appropriate orders in accordance with law. The respondent authorities shall take decision within a period of four weeks from the date of receipt of writ of this court. However, the petitioner shall pay costs of Rs. 2,500/- to the respondent authorities since the passport authorities can not be saddled with the costs of litigation. ( 6 ) IT is clarified that this Court has not gone into the legality and validity and genuineness of the above correction (s ). Any order passed by the Passport Authority shall not give any additional right to the petitioner, in any other field, on account of the change, including that of service or any other field. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted. .