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Judgment
Heard Mr. Narendra L.Jain, appearing for the petitioner and Mr. P.Y.Divyeshwar, appearing for respondent?Union of India.
2 This petition is filed by the petitioner seeking a prayer to issue a passport to the petitioner with the name of Rameshbhai Bababhai Prajapati as her father''s name.
It is the case of the petitioner that she has to submit her passport before the School Authorities latest by 23.01.2017. The petitioner has therefore already applied for getting a passport vide ARN 16-0014433110 on 17.12.2016. She, however, requests that passport be issued with her father''s name as Rameshbhai Bababhai Prajapati.
Mr. P.Y.Divyeshwar, learned advocate appearing for respondent?Union of India produces an order dated 24.06.2015 passed by this Court in Special Civil Application No.9343 of 2015. Paragraph Nos.5 and 6 read as under:
"5. In the facts and circumstances, a limited relief could be granted to the petitioner by relegating her to the passport authority. It is observed that it would be open for the petitioner to make fresh application to the passport authority for issuance of passport in the aforesaid name, and it would be further upon for her to produce any material or any document in support of her case. The passport authority shall consider the application, as and when submitted, and while doing so, the authority may also require the petitioner to produce any document or proof for its satisfaction. However, since no adoption deed is executed, as stated by the petitioner, the same may not be insisted upon.
Except the aforesaid observation, no further exercise is called for in the jurisdiction under Article 226 of the Constitution. The application of the petitioner, as permitted above, if filed, shall be considered by the passport authority in accordance with law and rules, expeditiously within four weeks from the date of receipt of a copy of this order."
In view of the above, the petition is allowed. The respondents are directed to consider the case of the petitioner in accordance with law and issue a passport to the petitioner with the name "Rameshbhai Bababhai Prajapati" as her
father''s name. The petitioner is permitted to produce any other document/s as proof to the satisfaction of the authority. Such exercise to issue passport shall be completed on or before 18.01.2017.
Direct service today is permitted.