One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Rohan Gupta, a software professional working with a mid-sized IT firm in Pune's Hinjewadi tech corridor, had been renting a flat in Wakad since early February 2023. The rent agreement at that address was in his name, but two earlier agreements at the same locality had been signed by his company as the primary tenant. When he applied for a Police Clearance Certificate around mid-March 2025, the verifying officer insisted on a landlord-backed tehsil affidavit confirming continuous residence since January 2023. The landlord, Mr. Suresh Patil, was cooperative but neither Rohan nor Mr. Patil knew how to get such a document executed at the tehsil office rather than through a regular notary.
Rohan first tried a local notary. Standard affidavit prepared, police officer rejected it — the document had to be sworn before the Executive Magistrate at the tehsil, not a private notary. A colleague then pointed him to a general civil practitioner who drafted a fresh document, but that one came back with queries about stamp paper denomination and the correct deponent designation. Two failed attempts. A PCC application stalled for nearly six weeks. That's when Rohan approached Advocate Sudhir Rao, whose familiarity with passport-related documentation, police verification procedures, and the technicalities of Executive Magistrate affidavits made the difference. The landlord's affidavit was correctly drafted, executed on the proper non-judicial stamp paper before the Sub-Divisional Magistrate at the Pimpri-Chinchwad tehsil, and accepted by the verifying officer within days. Rohan's PCC was issued shortly after.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don't assume a standard notarised affidavit will satisfy every government authority. For PCC and passport-related police verifications, the verifying officer often has very specific requirements — the affidavit must be sworn before the Executive Magistrate or Sub-Divisional Magistrate at the tehsil, not before a private notary. These are different authorities operating under different powers, and mixing them up is exactly what causes rejections.
Frankly, this is where most people lose weeks. Carry both your documents and your landlord's documents together on the day of execution. Incomplete paperwork on the day of the tehsil visit means a wasted trip and additional delay, which can push your PCC timeline back significantly.
This type of matter sits at the intersection of passport law, tenancy documentation, and Executive Magistrate procedure. It involves procedural nuances that a general practitioner may not deal with regularly. Engaging an advocate who handles passport and police verification matters routinely typically gets you correctly prepared documents on the first attempt, not the third.
Applicable Sections of Law
The following statutory provisions are directly relevant to this type of matter:
- Passports Act, 1967 — Section 6: Governs conditions for grant and refusal of passports and travel documents, including verification of the applicant's address and antecedents.
- Passports Act, 1967 — Section 12: Prescribes offences and penalties for furnishing false information in passport applications, making truthful landlord affidavits legally essential.
- The Notaries Act, 1952 — Section 8: Defines the functions of a notary, which differ from those of an Executive Magistrate; this distinction explains why police verification authorities may insist on a Magistrate-executed affidavit.
- Code of Civil Procedure, 1908 — Order XIX Rule 3: Deals with the form and contents of affidavits, applicable when the affidavit is produced before any civil or quasi-judicial authority.
Jurisdiction — Where to File the Case
Jurisdiction here is territorial. The verifying police officer belongs to the police station covering the applicant's current residential address, and the tehsil affidavit must be executed at the Sub-Divisional Magistrate's office that has jurisdiction over that same area. If the passport address falls under the Pimpri-Chinchwad tehsil limits, that is the correct tehsil for execution. Going to a tehsil outside your residential jurisdiction can result in rejection. And here's the thing — the Magistrate's territorial authority is precisely what validates the affidavit's authenticity in the eyes of the verifying officer. Get the jurisdiction wrong and you're back to square one.
Limitation Period
No traditional civil suit here. So the Limitation Act, 1963 doesn't apply in the standard sense. But passport applications and PCC requests have their own administrative timelines — a PCC application lapses or must be resubmitted if police verification isn't completed within the period specified by the Passport Seva Kendra. Delays in procuring documents like the landlord's affidavit eat directly into these administrative deadlines. There's no formal condonation mechanism for administrative delays in passport matters, which makes prompt action critical from the very first notice issued by the verifying officer.
Interim Reliefs Available
In passport and PCC matters, the practical equivalent of interim relief is approaching the Passport Seva Kendra or Regional Passport Officer (RPO) in writing, requesting a short extension of the verification window where documents are genuinely being processed. Now, before you act, know this: if the passport authority refuses or marks the PCC application as lapsed unfairly, a writ petition under Article 226 of the Constitution before the relevant High Court is available, seeking a direction to the passport authority to grant reasonable time. Courts have in cases like Maneka Gandhi v. Union of India, 1978 affirmed that the right to travel abroad is a facet of personal liberty, making High Courts generally receptive to such petitions where administrative action is unreasonable.
If You Are the Victim
- Act immediately when the verifying officer raises a document requirement — do not wait, hoping the officer will move on. Every day of delay risks your PCC window closing.
- Get clarity in writing (or at least note the exact wording) of what the officer is demanding, so you can brief your advocate precisely and avoid preparing the wrong document again.
- Coordinate with your landlord early. Landlords are often reluctant to visit government offices repeatedly; a single well-prepared visit to the tehsil is far more effective than multiple incomplete attempts.
- Keep digital and physical copies of every document you submit — rent agreements, electricity bills, Aadhaar, and the executed affidavit itself — because passport authorities and police may request copies at different stages.
- If the verifying officer's demands appear unreasonable or outside the prescribed procedure, escalate to the Superintendent of Police or the Regional Passport Officer rather than complying without question.
Documents You Must Keep Ready
- Applicant's Aadhaar card (original and self-attested photocopy)
- Applicant's PAN card
- Current registered rent agreement in the applicant's name
- Previous rent agreements (even if not in the applicant's name) to establish continuous residency
- Landlord's Aadhaar card and PAN card (originals to be brought to the tehsil)
- Utility bills (electricity, gas, or water) showing the applicant's address for the relevant period
- PCC application acknowledgement slip from Passport Seva Kendra
- Non-judicial stamp paper of the denomination prescribed by the state (commonly Rs. 100 or Rs. 500 — confirm locally before purchase)
What Evidence Is Required?
- Primary evidence of residence: Current rent agreement registered or notarised in the applicant's name, showing the address matching the passport.
- Continuity evidence: Prior rent agreements, employer's accommodation letters, or company lease deeds showing the applicant occupied the same premises over the stated period.
- Utility records: Electricity bills, gas connection documents, or broadband bills in the applicant's name for the period in question.
- Landlord's identity proof: Aadhaar and PAN of the landlord to establish that the deponent of the affidavit is indeed the property owner.
- Landlord's ownership proof: Property tax receipt or sale deed, confirming the landlord's legal ownership of the premises described in the affidavit.
- Executed affidavit itself: Sworn before the Executive Magistrate or Sub-Divisional Magistrate, bearing the Magistrate's seal and signature — this is the primary document the police officer wants.
- Passport application documents: Copy of the existing passport (if renewal) or the PCC application form with acknowledgement number.
How Courts Typically Approach Such Cases
Courts look at one thing first. When passport or PCC matters reach the High Court by way of writ petitions, courts examine whether the administrative authority — passport office or police — acted within its prescribed procedure. The Supreme Court in Satwant Singh Sawhney v. D. Ramarathnam, 1967 established that the right to travel has constitutional dimensions. High Courts are generally firm on directing passport authorities to follow prescribed verification procedures without adding extra-legal conditions. Where a verifying officer's demand goes beyond what the Passport Rules, 1980 require, courts don't hesitate to intervene. But they also expect applicants to have made genuine efforts to comply with reasonable requirements, which is precisely why getting the tehsil affidavit right the first time matters.
Timeline of Legal Process
- Day 1-3: Receive verifying officer's requirement for landlord affidavit; consult an advocate to understand exact format and execution authority required.
- Day 4-5: Collect non-judicial stamp paper; draft affidavit with advocate's assistance; coordinate with landlord for tehsil visit.
- Day 6-7: Visit Sub-Divisional Magistrate / tehsil office with all documents; affidavit sworn and executed before the Executive Magistrate (typically same-day or next-day at most tehsils).
- Day 8-9: Submit executed affidavit to the verifying police officer along with supporting documents; obtain acknowledgement.
- Week 2-3: Police complete field verification; submit report to Passport Seva Kendra.
- Week 3-5: PCC processed and dispatched by Passport Seva Kendra upon clear police report.
- If escalation needed: Representation to Regional Passport Officer or writ petition before High Court can add 4-8 weeks but is sometimes necessary where administrative inaction persists.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
This type of matter is administrative rather than adversarial. There's no opposing party to settle with. Resolution comes through correct documentation and coordination with the right government authority. That said, if a passport or PCC application has been formally rejected and the applicant contests the rejection, a pre-litigation representation to the Regional Passport Officer is always advisable before approaching a court — many rejections are reversed at this stage when the correct documents are submitted with a well-reasoned written explanation. Lok Adalat proceedings, referenced under Section 89 CPC, don't apply here since there's no civil dispute between two private parties. Administrative representation is the correct route, and usually the faster one too.
Common Mistakes People Make
- Getting a notarised affidavit instead of a Magistrate-executed one: Many applicants don't know the difference between a notary and an Executive Magistrate. Police verification for PCC typically requires the latter, and a notary-stamped document is often rejected outright.
- Wrong stamp paper denomination: Using stamp paper of the incorrect value (e.g., Rs. 20 or Rs. 50 when the state requires Rs. 100 or Rs. 500) results in the affidavit being invalid and the process starting over.
- Incorrect deponent designation in the affidavit: The landlord must be named and described accurately as the owner of the specific property, with the correct survey number or house number. Vague descriptions cause rejections.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.