JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Rule returnable forthwith. Mr. Bhate, learned Standing Counsel waives service of rule for and on behalf of respondent Nos. 1 to 3 and Mr. Aditya Davda, learned AGP waives service of rule for and on behalf of respondent Nos. 4 and 5.

2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

3. Present petition is filed by the petitioner under Articles 14, 21 and 226 of the Constitution of India r/w the provisions of the Citizenship Act, 1955; and Citizenship Rules, 2009 seeking below mentioned relief/s:-

“30(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside communication dated 09.05.2025 issued by Respondent No. 3 at Annexure-O;

(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to process petitioner's passport application bearing application number AH4060851007025 at Annexure-M expeditiously and directing the respondent authorities to issue an Indian passport to the petitioner without insisting on producing a copy of the certificate of registration of citizenship or a certificate of naturalization of Indian citizenship in light of the facts of the case;

(C) In the alternative to Para 29 (A) and (B), YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside communication dated 13.05.2025 issued by Respondent No. 5 at Annexure R requiring the petitioner to submit a foreign passport for issuance of certificate of registration of Indian citizenship or a certificate of naturalization of Indian citizenship and directing the respondent authorities to issue certificate of registration of Indian citizenship or a certificate of naturalization of Indian citizenship without requiring the petitioner to submit a foreign passport and consequently, directing the respondent authorities to issue an Indian passport to the petitioner in light of the facts of the case;

(D) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to issue an Indian passport to the petitioner expeditiously without requiring the petitioner to submit a certificate of registration of Indian citizenship or certificate of naturalization of India citizenship; and

(E) Pass any such other and/or further orders that may be thought just and proper, in the facts circumstances and of the present case.”

4. The facts giving rise to present petition are that the petitioner was born on 18.02.2000 in Xai-Xai, Mozambique to Indian citizen parents, namely Ketan Hasmukhrai Barai and Arti Ketanbhai Barai, both of whom hold valid Indian passports and other identity documents issued by the Government of India. The petitioner’s birth was duly registered with the competent authorities in Mozambique and a birth certificate was issued in her name. Immediately thereafter, Mozambique was struck by a severe flood emergency, owing to which the petitioner, who was only about 18–25 days old, along with her parents, was compelled to return to India on 14.03.2000. An emergency certificate was issued solely to facilitate her return to India. The petitioner has never acquired Mozambican citizenship nor has she ever held any foreign passport. Due to the said emergency situation, the petitioner’s birth could not be registered with the Indian Consulate in Mozambique within the prescribed period.

4.1 Since 14.03.2000, the petitioner has been continuously residing in Rajkot, Gujarat and has completed her entire schooling and higher education in India, including obtaining a Master’s degree from Saurashtra University. The petitioner married an Indian citizen, Khilankumar Ashokbhai Vadalia, on 30.07.2023 in Raj