IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14964 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-

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Approved for Reporting Yes No No ==========================================================

MISTRY BHARATKUMAR PRAHLADBHAI Versus UNION OF INDIA & ANR.

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Appearance:

MR CHINTAN S POPAT(5004) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 01/12/2025

ORAL JUDGMENT

1. The Additional Affidavit submitted by the learned advocate for the petitioner is taken on record.

2. RULE. Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondents.

3. By the present writ petition, the petitioner is praying for appropriate direction holding the action of the respondent in reissuing the passport of the petitioner only for one year as illegal since the said passport was issued on 13.06.2022 with a validity till 12.06.2032.

4. Mr. Chintan S. Popat, learned advocate for the petitioner submits that due to change in the address of the petitioner, appropriate permission was sought from the learned 3^rd Additional Chief Judicial Magistrate, Gandhinagar seeking permission for changing the address in the passport. Upon being accorded such a permission vide order dated 22.05.2025, the petitioner made application for change in the residential address. He submits that upon correction / change in the residential address, the passport authorities have now issued the fresh passport only for 1 year, i.e. from 10.09.2025 to 09.09.2026. He submits that there was no reason to reduce the validity of the passport of the petitioner from 12.06.2032 to 09.09.2026. He submits that therefore the present Special Civil Application be allowed and the respondent No.2 be directed to issue fresh passport for a period of 10 years. He submits that the petitioner has filed a fresh application reference No.25-0071756271 for issuance of a fresh passport with a validity of 10 years.

5. Per contra, Mr. Pradip D. Bhate, learned advocate for the respondents has submitted that the passport of the petitioner has been renewed from time to time in terms of the GSR Notification 570(E) dated 25.08.1993. He submits that where the order of the Trial Court grants permission to travel abroad for a period of less than 1 year but does not specify the period, the passport has to be renewed only for 1 year. He submits that in view of said Notification, the passport authorities have issued the passport as per the rules and the prevalent notifications. He submits that, however, there is no restriction on this Court to issue a direction for issuance of the passport for a certain period of validity as per the rules. He, therefore, submits that appropriate directions be passed accordingly.

6. Considered the submissions and perused the documents on record.

7. By order dated 22.05.2025, the 3^rd Additional Chief Judicial Magistrate, Gandhinagar has passed an order granting permission for getting the petitioner’s address changed in his passport.

8. The GSR Notification 570(E) dated 25.08.1993 reads as under:-

“G.S.R 570 (E)-In exercise of the powers conferred by clause (a) of the Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offences alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2)