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SCA/13349/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13349 of 2010
=========================================================
DIPAKKUMAR
KANTILAL RAMANI - Petitioner(s)
Versus
REGIONAL
PASSPORT AUTHORITY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PY DIVYESHVAR for
Petitioner(s) : 1,
MR PS CHAPANERI for Respondent(s) : 1
None
for Respondent
No2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/10/2010
ORAL
ORDER
1. Heard
learned advocate Mr.P.Y.Divyeshvar for petitioner and learned
Assistant Solicitor General Mr.P.S.Chapaneri for respondent No.1.
2. In
present petition, the decision is taken by respondent No.1
Regional Passport Officer on 12.6.2009 that because the criminal case
is pending against the petitioner, it requires Court permission /
judgment for issuing the passport in favour of petitioner.
3. Learned
advocate Mr.Divyeshvar for petitioner submitted that one application
is also made (page-28) before the Magistrate Court, Jasdan in
Criminal Case No.133 of 2009 (Exh.10) with a prayer to permit
petitioner for obtaining the passport. This application was made on
17.7.2009 which was withdrawn by petitioner on 23.4.2010. He also
submitted that petitioner will again approach to Magistrate Court,
Jasdan with an application to permit the petitioner for issuance of
passport by passport officer.
4. Let
such application may be made by petitioner before the Magistrate
Court, Jasdan while joining the Regional Passport Officer, within a
period of 15 days from date of receiving copy of present order.
5. As
and when such application is received by the Magistrate Court,
Jasdan, the Magistrate Court, Jasdan shall consider such application
and thereafter, to pass appropriate reasoned order in accordance
with law, after giving reasonable opportunity of hearing to
respective parties, within a period of 2 months from date of
receiving such application from petitioner and communicate the
decision to petitioner immediately.
6. It
is made clear by this Court that before passing any order in such
application, the Regional Passport Officer being a necessary party,
the Magistrate Court, Jasdan must have to give hearing to Regional
Passport Officer.
7. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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