IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9515 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================= Approved for Reporting Yes No No ========================================== ANILKUMAR MAGANBHAI LATHIYA & ANR. Versus UNION OF INDIA & ORS. ========================================== Appearance: MR NV GANDHI(1693) for the Petitioner(s) No. 1,2 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 16/03/2026 JUDGMENT 1. RULE returnable forthwith. Mr.Pradip Bhate, learned counsel waives service of notice of rule on behalf of the respondents. 2. With the consent of learned counsel appearing for the 3. Present petition is 8led by the petitioners under Articles 226 and 227 of the Constitution of India and Passports Act and Rules framed thereunder seeking the following reliefs:- A. YOUR LORDSHIPS may be pleased to admit and allow this petition; p. 2 B. YOUR LORDSHIPS may be pleased to issue writ of certiorari or by quashing and setting aside the impugned action of blocking and impounding the passport of the Petitioner No.2 and further be pleased to direct the Respondents to immediately restore / release the passport of the Petitioner No.2; C. YOUR LORDSHIPS may be pleased to issue writ of mandamus or any other appropriate writ in the nature of mandamus, orders and/or directions to the Respondent No.2 – Authority to renew the passport of the Petitioner No.2 for a full term of ten years, in the interest of justice; D. YOUR LORDSHIPS may be pleased to direct the Respondents to decide the representation dated 29.11.2024 and be further pleased to direct the Ld. Information O2cer to provide the information sought by the Petitioner No.1 vide application dtd. 13.05.2025 pending hearing and 6nal disposal of this petition; E. YOUR LORDSHIPS may be pleased to grant ad-interim relief in terms of Para-D during pendency and 6nal disposal of this petition; F. YOUR LORDSHIPS may be pleased to pass any other and further order/s in the facts and circumstances of the case. 2. Heard Mr. N. V. Gandhi, learned counsel for the petitioners and Mr.Pradip Bhate, learned counsel for the respondents. Perused the materials placed on record. 3. Considering the facts and circumstances of the case and the submissions of learned counsel for the respective parties, it appears that petitioner No.2 Vivan s/o. Mandar Pankajkumar Raval is residing with Grandfather, petitioner No.1 herein and though the dispute took place between the parents of the minor son, the wife left the India and residing at USA. That at the 8rst instance, the mother of petitioner No.2 has not disclosed true and correct fact, while applying the passport and, therefore, the passport was impounded and, thereafter, they have 8led fresh application for passport. p. 3 4. It also emerges from the record, the passport issued earlier in favour of the minor was impounded by the competent authority and, subsequently application was made for new passport, which is pending before the respondent – authorities. Considering the fact that petitioner No.2 being minor and due to concealment of the fact by his mother, the passport application was not proceeded by the authority. Though the mother has, while traveling to abroad in 2020, has not disclosed the correct facts before the authority, the passport was impounded and even the civil dispute is also pending between the husband and wife i.e. parents of petitioner No.2. Considering the aforesaid facts and circumstances, the authority concerned may decide the application in accordance with law. 5. In view of the above, the petition is allowed in part. The respondent – authorities is directed to decide the application which is pending before it and if it is found just and proper, the fresh passport shall be issued in favour of Vivan. The petitioner is directed to deposit the cost of Rs.25,000/- before the registry of this Court within a period of two weeks from the date of receipt of the writ of this order. After considering the merits of the application and if nothing adverse against the applicant is found, the respondent shall issue fresh passport. The respondent shall handover the original 8rst passport to the petitioners if permissible under the law. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL