Niyamatullah Khan vs Union Of India Thru. Prin. Secy. ...
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Allahabad High Court

Niyamatullah Khan vs Union Of India Thru. Prin. Secy. ... on 2 May, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:34185-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 3972 of 2024
 

 
Petitioner :- Niyamatullah Khan
 
Respondent :- Union Of India Thru. Prin. Secy. Ministry External Affairs , Govt. Of India , New Delhi And Others
 
Counsel for Petitioner :- Istekhaf,Pramod Kumar
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.
 

Hon'ble Brij Raj Singh,J.

(1) Heard the learned counsel for the petitioner and Shri S.B. Pandey, learned Deputy Solicitor General/learned Senior Advocate assisted by Shri Varun Pandey, for the Opposite party nos.1 and 2 and the learned Standing counsel who appears for the Opposite party no.3.

(2) This petition has been filed by the petitioner for the following main prayer:-

"1) Issue a writ, order or direction in the nature of Mandamus directing the Respondent nos.1 and 2 to issue petitioner's Passport pursuant to passport application file bearing No.LKF068621971223 without creating any further hindrance in the greater interest of justice."

(3) It is the case of the petitioner that he had applied for a Passport but the same has been refused only on the ground that one N.C.R. No.20 of 2022 was lodged against the petitioner by one Kuldeep Verma on 15.08.2022 at Police Station Dostpur, District Sultanpur, by one Surdeep S/o Panchram.

(4) Counsel for the petitioner has placed reliance upon Section 6 of the Indian Passport Act, 1967, and also the judgments of the Hon'ble Supreme Court and of the Delhi High Court wherein it has been stated that the refusal to grant the Passport can only be on certain conditions, he has referred to Section 6-E and F.

(5) Learned counsel appearing on behalf of the Opposite party nos.1 and 2 has fairly submitted that in view of the law settled by this Court and by the Hon'ble Supreme Court only on the basis of lodging of N.C.R. the Passport cannot be refused. It has been submitted that if the petitioner makes an application to the Regional Passport Officer, he shall consider the same and pass appropriate orders.

(6) This writ petition is finally disposed of with a direction to the petitioner to file an application before the Opposite party no.2-The Regional Passport Officer, Lucknow, U.P., within a period of ten days from today. If such application is filed, the same shall be decided, after taking into account the judgments of this Court and of the Supreme Court and pass appropriate orders thereafter by the Opposite party no.2.

Order Date :- 2.5.2024

N.PAL