HARSH MAHESH TANNA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) RULE. Mr. Mayank Chavda, learned AGP waives service of rule for the respondent No.1 and Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondent No.2.

(2.) The present Special Civil Application seeks a direction to hold the renewal of the passport of the petitioner only for 1 year being violative of his fundamental right and therefore, being illegal, arbitrary and discriminatory and in violation of the provisions of the Passport Act, 1967.

(3.) Learned advocate for the petitioner has submitted that under the prevalent rules of the GSR Notification 570(E) dtd. 25/8/1993, the respondent authority has to renew the passport of the petitioner for a period of 10 years. He submits that the trial against the petitioner has been pending since last 6 years and during the pendency of the trial, the petitioner's passport has expired in the year 2023. The petitioner has, therefore, moved application before the concerned Trial Court. The Trial Court vide its order dtd. 18/8/2023 has directed the passport authority to renew the passport of the petitioner as per the rules and prevalent notifications. Learned advocate for the petitioner submits that the respondent No.2 renewed the passport of the petitioner only for a period of 1 year from 19/1/2024 to 18/1/2025 in terms of the GSR Notification 570(E) dtd. 25/8/1993. He submits that as the validity of the petitioner's passport was going to expire on 18/1/2025, the petitioner made another application seeking renewal of the passport. The Trial Court vide its order dtd. 20/11/2024 has directed the Regional Passport Officer to renew the passport as per the rules and notification of the passport authority. Learned advocate for the petitioner submits that the petitioner had applied for renewal of the passport for the period of 10 years, however, the respondent has renewed the passport for a period of 1 year from 10/12/2024 to 9/12/2025. He submits that the petitioner is in business of running car studio and therefore has to travel to various neighboring countries. The petitioner also needs to travel for business expansion and to import goods and material necessary for his business operations. He submits that since the petitioner's passport is valid only for 1 year, it is restricting his travel abroad as and when required. He, therefore, submits that appropriate direction be passed since the petitioner is well settled in business and has no intention of absconding.