The petitioner challenged the non-issuance of a passport pending a show cause notice. The court directed the respondent to pass a final order on the notice within one month and disposed of the petition.
Direction to respondent no. 2 to pass a definite order on the show cause notice within one month.
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Court No. - 40
Case :- WRIT - C No. - 17440 of 2022
Petitioner :- Israr Respondent :- The Union Of India And Another Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- A.S.G.I.,Brijesh Kumar Srivastava
Hon'ble Siddhartha Varma,J. Hon'ble Vikas Budhwar,J.
The instruction filed today, is kept on record.
When the petitioner had applied for issuance of the passport by an application dated 26.12.2021, the petitioner was not granted the passport but in fact a show cause notice was issued to him after the police verification on 07.02.2022 as to why the passport be refused. In response thereof on 04.03.2022 the petitioner had sent his reply and when no final order was being passed, the petitioner approached this Court and has prayed that the respondent no. 2 be directed to issue a passport. He has also prayed that the respondent no. 2 in the event, was not issuing the passport, be directed to pass an appropriate order on the application of the petitioner.
Learned counsel for the petitioner submitted that the passport could not be refused on account of the fact that the petitioner was involved only in a matrimonial case and that his case was covered by the order of this Court dated 20.12.2016 passed in Writ-C No. 59959 of 2016 (Mohd. Farid Vs. Union of India).
Since, the Court finds that the show cause notice was issued to the petitioner and which has also been replied to on 04.03.2022 it shall be in the fitness of things that the respondent no. 2 may pass a definite order on the show cause notice within a period of one month.
With these observations, the petition stands disposed of.
Order Date :- 7.9.2022 Nisha
(Vikas Budhwar,J.) (Siddhartha Varma,J.)
Digitally signed by NISHA KUMARI Date: 2022.09.08 15:59:38 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the Passport Office to pass a definite order on the petitioner's show cause notice or issue a passport.
Colour shows how this judgement treated each authority
Writ-C No. 59959 of 2016 (Mohd. Farid Vs. Union of India)Referred¶7
Israr
The Union Of India
Another
Siddhartha Varma
Vikas Budhwar
As recorded by the court registry
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