TILAKKUMAR VIJAYKUMAR MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing and setting aside the letter dtd. 17/10/2023 issued by the respondent no.2, i.e. Mamlatdar. Vide said letter, the Mamlatdar has refused to issue Domicile Certificate, on the sole ground that, the petitioner, for the period from 2013 to 2016, has undertaken his studies in Abu Dhabi.

(2.) Mr Shivang Thacker, learned advocate appearing for the petitioner, while inviting attention of this Court to page 21 of the captioned writ petition, submitted that the place of birth of the petitioner is New Delhi; the reason for shifting Delhi, was the health of the mother of the petitioner, as she has suffered a paralytic attack; however, the petitioner returned with his parents to Ahmedabad within two months. Since 2006, that is, immediately after the birth on 23/1/2006, the petitioner has been residing at Baroda with his parents, which fact, is strengthened by the passport applied and issued by the passport authority. It indicates the place of issuance, as Ahmedabad and the period is from 2/1/2007 to 1/1/2012. The passport was renewed for the period from 2016 to 2021, similarly, indicating the place of issuance as Ahmedabad and with address of Baroda.

(3.) Ms Jeenal Acharya, learned Assistant Government Pleader has submitted that the entire procedure for issuance of domicile certificate is governed by the policies formulated by the State Government dating back to the year 1950. It is submitted that the domicile certificate can be issued based on origin or by choice; however, the petitioner cannot claim the domicile certificate based on origin as the petitioner as well as the parents of the petitioner have their birth place outside the State of Gujarat. So far as the choice of residence is concerned, the petitioner has been unable to establish the intention of the parents to reside at Vadodara permanently. The minimum criteria of 10 years of residency in the State of Gujarat, has not been fulfilled and their residence appeared to be fleeting and not indefinite.