RAJENDRA PARSHOTAMBHAI BHATTSANAversusUNION OF INDIA
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- M R MENGDEY
Holding
The Court held that the passport authority may grant a ten‑year renewal and disposed of the petition.
Summary
The petitioner, Rajendra Parshotambhai Bhattsana, faced an FIR under the Essential Commodities Act and a pending criminal case (Cr No.11213010210858 of 2021, Criminal Case No.795/2022). He applied to the trial court for renewal of his passport, which was allowed for only two years. Seeking a ten‑year renewal, the petitioner argued that the alleged offence did not constitute moral turpitude. The passport authority, through its counsel, expressed no objection to a ten‑year renewal. The High Court, noting the authority's lack of objection, directed the passport authority to consider and grant a ten‑year renewal, and disposed of the petition.
Issues considered
- Whether an offence under the Essential Commodities Act amounts to moral turpitude for passport renewal purposes
- Whether a pending criminal case bars the grant of a ten‑year passport renewal
Legislation cited
Subjects
Judgment
R/SCR.A/10299/2026 ORDER DATED: 11/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10299 of 2026
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RAJENDRA PARSHOTAMBHAI BHATTSANA
Versus
UNION OF INDIA & ANR.
==========================================================
Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
NOTICE THROUGH SPEED POST NOT RECEIVED BACK for the
Respondent(s) No. 1
MR J K SHAH, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/08/2026
ORDER
Draft amendment granted. Amendment to be carried out
forthwith.
1. Learned advocate appearing for the petitioner submits that
the FIR being CR No.11213010210858 of 2021 came to be
registered with the Dhoraji Police Station against the present
petitioner for an offence punishable under the provisions of the
Essential Commodities Act and the same has been culminated
into Criminal Case No.795/2022. Pending the said Criminal
Case, the petitioner had submitted an application to the learned
Trial Court for renewal of his passport which was deposited
pursuant to the order of the Court. The learned Trial Court, vide
order dated 13.05.2026, had allowed the said application.
However, it was directed to renew of the passport of the
petitioner for a period of 2 years only. The petitioner is desirous
of getting his passport renewed for a period of 10 years since the
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R/SCR.A/10299/2026 ORDER DATED: 11/08/2026
offence alleged against the present petitioner is not amounting to
Moral Turpitude. He therefore submitted to allow the present
petition and direct the respondent passport authority to renew
the passport of the petitioner for a period of 10 years.
2. Learned advocate Mr. Ankit Shah appearing for the
respondent passport authority has stated at the bar that the
passport authority has no objection if considering the case of the
petitioner for renewal of his passport for a period of 10 years. He
shall file his appearance before the registry.
3. Heard learned advocates for the parties.
4. Having regard to the fact that the passport authority has
no objection for considering the case of the petitioner for renewal
of his passport for a period of 10 years, the present petition
stands disposed of with a direction to the concerned authority to
consider the case of the petitioner for renewal of his passport for
a period of 10 years.
5. The petition stands disposed of. Direct service is permitted.
(M. R. MENGDEY,J)
AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/08/2026 10:50:17
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