IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9193 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? -------------------------------------------------------------- RITESHBHAI UMEDBHAI PATEL Versus REGIONAL PASSPORT OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 9193 of 2003 MR MM TIRMIZI for Petitioner No. 1 Mr.N.J.Shah with MR DN PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE JAYANT PATEL Date of decision: 10/07/2003 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 passport was already issued. However, the birth-placee initially in the passport was recorded as Bhaili whereas the correct birth-placee is Padra and petitioner's name is recorded as Riteshbhai instead of Riteshkumkar. The petitioner submits that he wants to submit application for new passport with correct birth-date, 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. Mr.Shah for respondent authorities states that for correction in the name of the petitioner court order is not required and the birth certificate is required to be produced. For correction in the place of birth If this court directs the passport authorities, they will consider the matter. 4. Mr.Tirmizi 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, no direction is required to be given to the passport authorities for correction in the name of the petitioner and the passport authorities shall act as per the statement of Ld.counsel appearing on their behalf, but the respondent is directed to consider the case of the petitioner for change in birth-placee from Bhaili to Padra in the passport bearing No.A 0764273 at the time when the application for new passport is considered for the purpose of issuing the passport. 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. 10.7.2003 (Jayant Patel, J.)