SCA/891220/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8912 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PRAKASHKUMAR KIRANBHAI PATEL - Petitioner(s) Versus REGIONAL PASSPORT OFFICER - Respondent(s) ========================================================= Appearance : MS E.SHAILAJA for Petitioner(s) : 1, MRS VASAVDATTA BHATT for Respondent(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 15/07/2008 ORAL JUDGMENT 1. Rule. Ms. Vasavdatta Bhatt for Mr.Harin P.Raval SCA/891220/2008 2/3 JUDGMENT waives service of Rule. 2. With the consent of the learned advocates appearing for both the parties, the matter is finally heard today. 3. The contention raised by the petitioner is that the passport is already issued. However, in the passport, the name of the mother of the petitioner is recorded as “Meena”, whereas the correct spelling is “Mina”. 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 the Court. 4. On behalf of Passport Authorities, it has been submitted that earlier, on the basis of the information supplied, the passport has been issued. If this Court directs the Passport Authorities, they will consider the matter. 5. The learned counsel for the petitioner submits that in similar matters, this Court has passed order giving directions to the Passport Authorities to reconsider the matter and to pass appropriate orders and thereafter, to incorporate necessary corrections in the passport already issued or to issue fresh passport. 6. In view of the above, the respondent No.1 is SCA/891220/2008 3/3 JUDGMENT directed to consider the case of the petitioner for change of the spelling of the name of his mother from “Meena” to “Mina” in the passport of the petitioner bearing No. E7876713 and to pass appropriate orders in accordance with law. The respondent authority shall take the decision within a period of four weeks from the date of the receipt of the writ of this Court. 7. The petitioner shall pay costs of Rs.2,500/- to the respondent authorities since the passport authorities cannot be saddled with the costs of litigation. It will also be open to the Passport Authorities to issue fresh passport with the aforesaid correction, if required, on payment of the usual charges in accordance with law. 8. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted. (JAYANT PATEL, J.) *bjoy