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2025 Supreme(Guj) 988

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
Harsh Mahesh Tanna – Appellant
Versus
State of Guajrat – Respondent


Advocates appeared:
MR JEET J BHATT(6154) for the Petitioner(s) No. 1
MR MAYANK CHAVDA AGP for the Respondent(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 2

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves the renewal of the petitioner’s passport during ongoing legal proceedings, with specific reference to the applicable rules and notifications governing passport renewals (!) (!) .

  • The relevant notification stipulates that if a court order does not specify a period for passport validity, the passport should be issued for a period of one year, and can be renewed annually unless the court specifies otherwise (!) (!) (!) .

  • The court emphasizes that the authority to decide the period of travel permissions lies with the Trial Court, not the passport authorities, and that passport renewals should generally follow the guidelines set forth in the notification unless directed otherwise by the court (!) (!) (!) .

  • The court notes that when the court does not specify a period for passport validity, the passport should be renewed for one year, but the petitioner’s case involves a pending trial and a direction from the Trial Court to process the renewal as per rules (!) (!) .

  • The court recognizes that the relevant notification and rules authorize renewal of passports for up to ten years when explicitly directed by a court order, and that passport authorities are bound to follow these guidelines (!) .

  • The court clarifies that the passport authorities do not have the discretion to decide whether the individual has a right to travel abroad; such permission is a matter for the Trial Court to decide, and the passport should be renewed accordingly (!) (!) .

  • The final order directs the passport authorities to renew the petitioner’s passport for a period of ten years, with the condition that any travel abroad requires prior permission from the Trial Court, which can impose conditions as deemed appropriate (!) .

  • The court further orders that any subsequent applications for passport renewal should be decided within four weeks to facilitate the petitioner’s travel needs (!) .

  • The ruling underscores that the guidelines issued by the court are binding on passport authorities and that the ambiguity in the rules and notifications has been clarified to ensure proper compliance (!) (!) .

If you need assistance drafting a specific legal document or analyzing this case further, please let me know.


ORAL JUDGMENT

1. RULE. Mr. Mayank Chavda, learned AGP waives service of rule for the respondent No.1 and Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondent No.2.

2. The present Special Civil Application seeks a direction to hold the renewal of the passport of the petitioner only for 1 year being violative of his fundamental right and therefore, being illegal, arbitrary and discriminatory and in violation of the provisions of the Passport Act, 1967.

3. Learned advocate for the petitioner has submitted that under the prevalent rules of the GSR Notification 570(E) dated 25.08.1993, the respondent authority has to renew the passport of the petitioner for a period of 10 years. He submits that the trial against the petitioner has been pending since last 6 years and during the pendency of the trial, the petitioner’s passport has expired in the year 2023. The petitioner has, therefore, moved application before the concerned Trial Court. The Trial Court vide its order dated 18.08.2023 has directed the passport authority to renew the passport of the petitioner as per the rules and prevalent notifications. Learned advocate for the petitioner submits that the responde

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