Dayanand vs Union Of India And Another
2023 Latest Caselaw 11189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 10622 of 2023
 

 
Petitioner :- Dayanand
 
Respondent :- Union Of India And Another
 
Counsel for Petitioner :- Manoj Kumar Singh
 
Counsel for Respondent :- A.S.G.I.,Sarveshwar Lal Srivastava
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Manjive Shukla,J.

Heard learned counsel for the petitioner and Sri Sarveshwar Lal Srivastava, learned counsel for the Union of India.

The present Writ Petition is preferred by the petitioner seeking following reliefs:

"(i) issue a writ, order or direction in the nature of mandamus directing the Respondent Authorities to issue the passport in favour of petitioner in pursuance of the Application Reference No. 22-0011602978 dated 21.07.2022;

(ii) issue a writ, order or direction in the nature of mandamus commanding the Respondent Authorities to take appropriate decision for issuance of the passport in favour of the petitioner in pursuance of the Application Reference No. 22-0011602978 dated 21.07.2022;"

Learned counsel for the petitioner states that petitioner has already submitted an online application for issuance of passport which is stated to be pending consideration.

Learned counsel for the Union of India has placed detailed instructions dated 3.4.2023 indicating therein that on the application of the petitioner, Superintendent of Police, Ballia has submitted its adverse police verification report on 18.8.2022 with remarks as "Crime No. 634A of 2014 under Sections 147, 148, 149, 324, 504 I.P.C. and NCR-134/2016 under Sections 323, 504, 506 IPC" pending against the petitioner. Accordingly Show Cause Notice No. SCN/320795076/22 dated 23.08.2022 was issued to the petitioner to submit clarification regarding pending court matter. In response to the aforesaid Show Cause Notice, no response is furnished by the petitioner yet.

Confronted with the situation, learned counsel for the petitioner placed reliance on the judgment and order dated 23.10.2019 passed in Writ C No. 34261 of 2019 (Ajay Kumar Kushwaha v. Union of India and 3 others) and submits that petitioner would file his response to the aforesaid Show Cause Notice within two weeks from today and the said claim of the petitioner for issuance of passport may be processed in the light of judgment passed in Ajay Kumar Kushwaha case (supra) within reasonable time.

Considering the facts and circumstances of the case once petitioner himself is voluntary to submit explanation to the aforesaid Show Cause Notice, we direct that in case petitioner files an objection to the aforesaid Show Cause Notice within two weeks from today, the Authority concerned would proceed to consider and process the application of petitioner expeditiously strictly in accordance with law.

With the aforesaid direction, the present Writ Petition is disposed of.

Order Date :- 17.4.2023

A. Mandhani