Ajaz Abbas vs UOI Thru. the Secy. Ministry of External Affairs New Delhi and 3 Others

Heard learned counsel for the petitioner as well as Shri S.B. Pandey, learned Senior Advocate & DSGI assisted by Shri Varun Pandey, learned counsel appearing on behalf of the respondents.

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This writ petition has been filed by the petitioner, inter alia praying therein for the following main relief:-

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"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to issue passport to the petitioner after completing necessary formalities in the interest of justice."

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Learned counsel for the petitioner submits that the matter may be disposed of in light of the judgment passed by Division Bench of this Court in Pawan Kumar Rajbhar versus Union of India and 2 others; Writ-C No.41540 of 2023 : Neutral Citation No.-2024:AHC:9963-DB. He further submits that criminal case bearing Warrant or Summons Criminal Case No. 53549 of 2020, "State Vs. Ejaz Husain" arising out of Case Crime No. 236 of 2020 under Sections 427, 506 I.P.C. registered at Police Station - Saadatganj, District - Lucknow is pending in the court of Judicial Magistrate, A.T.S., Lucknow and charge sheet has been filed against the petitioner.

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The submission of learned counsel for the petitioner is controverted by Shri S.B. Pandey, learned Deputy Solicitor General of India appearing on behalf of the respondent(s). His submission is that the judgment of Pawan Kumar Rajbhar (supra) has been modified by Hon'ble Supreme Court in Rita Verma vs. Union of India and others; Petition(s) Special Leave to Appeal

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WRIC No. 2211 of 2026

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2

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(C) No.7481 of 2024 vide judgment and order dated 20.09.2024.

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It may be noted that in Rita Verma (supra ), the Division Bench of Allahabad High Court had reiterated the ratio of Pawan Kumar Rajbhar (supra) . However, the Supreme Court, after examining the entire position with regard to the Memorandum No.VI/401/1/5/2019 dated 10.10.2019, has directed as follows:-

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"4. In spite of the clear wordings in the Memo, the High Court by the order impugned herein came to a conclusion that the office Memorandum is contrary to the statutory position and proceeded to dismiss the Writ Petition.

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5. We have heard Mr. Malak Manish Bhatt, appearing for the appellant as also Mr. K.M. Natraj, learned Additional Solicitor General appearing for the Union of India. Mr. K.M. Natraj, learned Additional Solicitor General submits that the approach adopted by the High Court that the Office Memorandum is contrary to the statutory positions and is not supported by law and it is also not the stand of the Union of India. Learned Additional Solicitor General expressed no difficulty in processing the application of the appellant on the basis of the Office Memorandum

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6. In this view of the matter, it is sufficient for us to direct the authorities to consider the application for renewal of the passport on the basis of Office Memorandum dated 10.10.2019 or any other subsequent Office Memorandums that may govern the field notwithstanding the order passed by the High Court in Writ Petition(C) No.6450/2024 dated 28.02.2024, upon making of an appropriate application, the same shall be disposed of, as expeditiously as possible."

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In light of the above finding(s) of Hon'ble Supreme Court, we are of the view that the authorities are required to consider the application of the petitioner for issuance of fresh passport on the basis of Office Memorandum dated 08.01.2025 or any other subsequent office memorandum that may govern the field as the Hon'ble Supreme Court has finally dealt with this issue in Rita Verma (supra) . The law laid down by Hon'ble Supreme Court in Rita Verma (supra) shall apply in the present case, therefore, we direct the authorities to act expeditiously in accordance with law in the subject matter.

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With the aforesaid observations / directions, the writ petition is disposed of .

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March 10, 2026 Lokesh Kumar

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(Manjive Shukla,J.) (Shekhar B. Saraf,J.)

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Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ajaz Abbas v. UOI Thru. the Secy. Ministry of External Affairs New Delhi and 3 Others

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Ajaz Abbas v. UOI Thru. the Secy. Ministry of External Affairs New Delhi and 3 Others

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