SCA/9396/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9396 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 ? ========================================================= PATEL GOVINDBHAI MANILAL - Petitioner(s) Versus REGIONAL PASSPORT OFFICER - Respondent(s) ========================================================= Appearance : MR AV PRAJAPATI for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MR VD PARGHI for Respondent(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 28/07/2008 ORAL JUDGMENT 1. Rule. Mr. VD Parghi learned Counsel for respondent No.1 waives service of rule. With SCA/9396/2008 2/3 JUDGMENT 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, the birth-date initially in the passport is recorded as 15.9.1956 whereas the correct birth-date is 23.8.1956. 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 record produced passport has been issued. If this court directs the passport authorities, they will consider the matter. 4. Mr. Prajapati learned Counsel 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 SCA/9396/2008 3/3 JUDGMENT passport. 5. In view of the above, the respondent No.1 is directed to consider the case of the petitioner for change in birth-date from 15.9.1956 to 23.8.1956 the passport of the petitioner bearing No. F 0267653 and to pass appropriate orders in accordance with law. It will be open to the passport authority to call for the additional documents if required 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.3,500/- to the respondent authorities since the passport authorities can not be saddled with the costs of litigation. Petition is allowed accordingly. Rule is made absolute. Direct service is permitted. (JAYANT PATEL, J.) Suresh*