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SCA/1638/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1638 of 2010
=========================================================
MAHMAD
HANIF ABUBHAI BHOKAL - Petitioner(s)
Versus
REGIONAL
PASSPORT OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RAXIT J DHOLAKIA for
Petitioner(s) : 1,
MR PS CHAMPANERI for Respondent(s) : 1,
MR
VD PARGHI for Respondent(s) : 1,
MR AMIT PATEL AGP for
Respondent(s) : 2,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/09/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Raxit J. Dholakia for petitioner, learned
advocate Mr.Pargi for respondent No.1 and learned AGP Mr.Patel for
respondent No.2.
2. In
this matter, affidavit-in-reply is filed by the Regional Passport
Officer as well as PSI, Khambhaliya. Against that, rejoinder is also
filed by petitioner. However, learned advocate Mr.Dholakia for
petitioner submitted that irrespective of aforesaid proceedings, the
petitioner is prepared to make detailed representation for fresh
consideration of the case of present petitioner to respondent Nos.1
and 2, so they may re-consider and re-examine the case of petitioner
for issuing passport in favour of present petitioner.
3. In
view of aforesaid submissions made by Mr.Dholakia, let petitioner may
make detailed representation to respondent Nos.1 and 2, within a
period of one month from date of receiving copy of present order.
4. As
and when respondent Nos.1 and 2 herein receive such representation
from petitioner, it is directed to respondent Nos.1 and 2 to
re-examine and re-consider the matter and representation made by
petitioner and thereafter, to pass appropriate reasoned order in
accordance with law, within a period of two months from date of
receiving such representation from petitioner and communicate the
decision to petitioner.
5. In
view of aforesaid observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
6. However,
it is made clear that in case if representation is rejected by
respondent authorities, it is open for petitioner to challenge the
same before appropriate forum in accordance with law.
(H.K.RATHOD,J.)
(vipul)
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