IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10174 of 2003 For Approval and Signature: Hon'ble MR.JUSTICE JAYANT PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- SHASHIKANT KANTILAL SHETH Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 10174 of 2003 MR AG JOSHI for Petitioner No. 1 MR DN PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE JAYANT PATEL Date of decision: 28/07/2003 ORAL JUDGEMENT Rule. Mr.N.J.Shah for Mr.D.N.Patel for respondents 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 petitioner is holding a valid passport bearing No. T.000859 issued by the Regional Passport Office, Ahmedabad. However, the place of birth is shown as Bombay whereas the correct place of birth is Savli [Baroda]. The petitioner submits that he approached the authorities for correction of the place of birth, 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 the documents tendered by the petitioner, passport has been issued. If this court directs the passport authorities, they will consider the matter. 4. Mr. Joshi 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 new passport. 5. In view of the above, the respondent is directed to consider the case of the petitioner for change in place of birth from Bombay to Savli [Baroda] at the time when the application for correction in the passport is considered. 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. The respondent authorities shall take a decision as early as possible. 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. [JAYANT PATEL, J.] mathew