Mohammad Abid vs Union Of India And 3 Others
2023 Latest Caselaw 7382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 
Case :- WRIT - C No. - 38823 of 2022
 

 
Petitioner :- Mohammad Abid
 
Respondent :- Union Of India And 3 Others
 
Counsel for Petitioner :- Juned Alam,Kirt Raj Yadav
 
Counsel for Respondent :- A.S.G.I.,C.S.C.,Hridaya Narayan Mishra
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Anish Kumar Gupta,J.

Heard Sri Juned Alam, learned Counsel for the petitioner and Sri Hridaya Narayan Mishra, learned Central Government Standing Counsel for respondent nos. 1 and 2 and learned Standing Counsel for Respondent nos. 3 and 4.

Petitioner is aggrieved by non-renewal of his passport and, therefore, has filed the present writ petition for a direction to the respondent no. 2 to renew the passport at an early date.

Learned Central Government Standing Counsel states on instruction that as per police report there is an N.C.R against the petitioner, therefore, his passport application could not be considered.

We find that controversy with regard to issuance of passport where there is an N.C.R stood settled by a Coordinate Bench of this Court by judgment dated 16.12.2022 in Writ C No. 29605 of 2022 (Basoo Yadav v. Union of India and 4 Ors). As per instruction of the respondents a show cause notice dated 07.10.2022 issued to the petitioner but the petitioner has not yet submitted any reply.

In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of with a direction to the respondent no. 2 giving liberty to the petitioner to submit reply to the show cause notice dated 07.10.2022 within three weeks from today alongwith a certified copy of this Order and in the event the reply is submitted by the petitioner within the stipulated time before the respondent no. 2, renewal application of the petitioner shall be decided by the respondent no. 2 within next four weeks, after affording opportunity of hearing to the petitioner, in the light of the law laid down by this Court in the case of Basoo Yadav (Supra).

Order Date :- 14.3.2023/Shubham Arya