Bharat Jayvant Parekh vs The Regional Passport Officer ...
2021 Latest Caselaw 4127 Bom

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                                                                           10.WP(L).863.2020 .doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                         WRIT PETITION (L) NO. 863 OF 2020

Bharat Jayvant Parekh                                       ...Petitioner
     v/s.
The Regional Passport Officer & Ors.                        ...Respondents

A. A. Siddique & Mr. Farzana Sawant for the Petitioner. Carina Xavier for Respondent Nos. 1 to 3.

                                     CORAM :           A. A. SAYED &
                                                       MADHAV JAMDAR, JJ

                                     DATED :           5th MARCH, 2021


P.C.:

The Writ Petition is filed seeking the following reliefs:

a. That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other writ similar viz. nature, order or direction under Article 226 of the Constitution of India directing the Respondent No. 1 to issue and/or renew passport No. T-4053190 with 10 years validity by passing appropriate orders after calling for the records, files and proceeding before them, on such terms and conditions as the circumstances of this case this Hon'ble Court may be pleased to dispose of this Writ Petition at the stage of admission by granting relief prayed hereinabove.

2. Learned Counsel for the Petitioner placed reliance on the

judgment of the Division Bench of this Court dated 13 th March, 2014 in

Writ Petition No. 361 of 2014 (Narendra K. Ambwani vs. Union of India &

Ors.), wherein it is held that once the Court directs that the passport be

renewed as per the Rules of the Passport Act, the Passport Authority is

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10.WP(L).863.2020 .doc

required to issue the passport for the period of 10 years and there is no

discretion left to the Passport Authority to issue passport for one year or

two year.

3. In the present case the Single Judge of this Court in Writ Petition

No. 4948 of 2018 has directed the Passport Authority to consider the

Application of the Petitioner as per Rules of the Passport Act.

4. In the circumstances, in view of the judgment of the Division

Bench of this Court in Narendra K. Ambwani vs. Union of India the

Petitioner's passport ought to have been issued for a period of 10 years

and not for period of 2 years as has been done by the Passport

Authority.

5. It is noticed that during the pendency of the Petition, the passport

of the Petitioner, which was wrongly issued only for period of 2 years,

has already expired on 18th February, 2021.

6. In the circumstances, we permit the Petitioner to apply for a

renewal / issuance of the Passport afresh. In the event, the Petitioner

applies for a renewal / issuance of the passport, in view of the order

dated 16th January, 2019, the passport of the Petitioner shall now be

renewed / issued for a period of 10 years.

7. The Writ Petition is disposed of in the aforesaid terms.

          (MADHAV JAMDAR, J.)                                 (A. A. SAYED, J.)



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