Disposed

Gagan Baderiya v. Union of India

Karnataka HC22 Nov 2023WP/20970/2023

Case brief

AI extract

What is this about?

In this writ petition under Articles 226 and 227 of the Constitution challenging passport suspension and non-issuance, the petitioner sought permission to withdraw the petition with liberty to file a fresh one. The court allowed the withdrawal in the interest of justice.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to file a fresh petition on the same cause of action with additional prayers.

Gagan Baderiya Vs Union of India — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC:42078 WP No. 20970 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20970 OF 2023 (GM-PASS)

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BETWEEN:

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GAGAN BADERIYA S/O GANGARAM BADERIYA AGED ABOUT 33 YEARS MUSIC DIRECTOR NO.31, VIKRAM VILAS SECTOR-4, BDA COMPLEX HSR LAYOUT BENGALURU – 560 102.

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…PETITIONER

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(BY SRI. L.M.CHIDANANDAYYA, ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS REPRESENTED BY ITS SECRETARY NEW DELHI – 110 001.

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THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE WJW9 + 9MJ, KORAMANGALA 80 FEET ROAD KORAMANGALA 8^TH BLOCK KORAMANGALA BENGALURU – 560 040.

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…RESPONDENTS

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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2 - NC: 2023:KHC:42078 WP No. 20970 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN SUSPENSION OR REVOCATION OF THE PASSPORT OF THE PETITIONER BEARING NO.F8126072; QUASHING COMMUNICATION DTD 28.07.2023 VIDE ANNX-B ISSUED BY THE R2 REFUSING TO REVOKE THE SUSPENSION OF PASSPORT BEARING NO.F8126072 AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioner files a memo seeking permission to withdraw the petition with liberty to file a fresh petition on the same cause of action with additional prayers.

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2. The memo reads as follows:

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“The Petitioner has challenged the communication dated 28.07.2023 vide Annexure – A on the premise that the Application of Petitioner for re-issue of passport was not considered on the ground that passport was suspended. After receiving the Statement of Objections the Petitioner came to know that the Passport of Petitioner is not suspended and application of issue of passport is not considered on the ground that there is pendency of Spl.C.C.No.584/2019. In view of subsequent development. The Petitioner pray this Hon’ble Court to permit the Petitioner to withdraw the above Writ Petition with a liberty to file fresh Writ Petition on same cause of action and seeking additional prayers.

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THEREFORE, it is prayed that this Hon’ble Court may permit the Petitioner withdraw the above Writ Petition with liberty to file fresh Writ Petition on same cause of action in the interest of justice.”

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NC: 2023:KHC:42078 WP No. 20970 of 2023

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In terms of the memo, the writ petition is disposed as

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withdrawn.

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Sd/JUDGE

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NVJ List No.: 2 Sl No.: 10

Gagan Baderiya v. Union of India

Case brief

What is this about?

What did the court decide?

Gagan Baderiya v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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