Madhya Pradesh High Court
Kanishak Singh Rajpoot vs Union Of India on 3 April, 2023
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 3 rd OF APRIL, 2023
WRIT PETITION No. 6052 of 2023
BETWEEN:-
1. KANISHAK SINGH RAJPOOT S/O SHRI
KAMALBHAN SINGH RAJPOOT, AGED ABOUT 34
YEAR S , OCCUPATION: SERVICE 169 RACHNA
NAGAR NEAR CHETAK BRIDGE BHOPAL
(MADHYA PRADESH)
2. SHRI KAMALBHAN SINGH RAJPOOT S/O LATE
LAXMAN SINGH RAJPOOT R/O 169 RACHNA
NAGAR NEAR CHETAK BRIDGE BHOPAL
(MADHYA PRADESH)
3. SMT. PRATIMA SINGH RAJPOOT W/O SHRI
KAMALBHAN SINGH RAJPOOT R/O 169 RACHNA
NAGAR NEAR CHETAK BRIDGE BHOPAL
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI AMAN PATEL - ADVOCATE )
AND
1. UNION OF INDIA PRINCIPAL SECRETARY
MINISTRY OF EXTERNAL AFFARIS NEW DELHI,
DELHI (DELHI)
2. REGIONAL PASSPORT OFFICER, I.S.B.T. , BHOPAL
I.S.B.T. MAIN BUILDING MEZZANINE FLOOR IN
FRONT OF SANCHI DUGDH SANGH
HOSHANGABAD ROAD, HABIBGANJ BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PUSHPENDRA YADAV -.. )
T h is petition coming on for orders this day, t h e cou rt passed the
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2023.04.03 17:57:31 IST
following:
2
ORDER
The petitioner has filed this petition under Article 226 of the Constitution
of India making a prayer that respondent authorities be directed to consider
renewal of petitioners' passport for period of 10 years.
2. It is submitted that petitioners have filed an application before the trial
Court for renewal of passport and direction has been given for renewal in
accordance with the rules. It is submitted that no time period has been
prescribed in the order that passport is to be renewed for specified time period.
It is submitted that in absence of any time period prescribed, respondent
authorities are duty bound to renew the passport of the petitioner for period of
10 years and not for period of one year.
3. Learned counsel appearing for respondent relied on notification of
1993 wherein there is direction that if no specified time period has been
prescribed then same is to be renewed only for a period of one year.
4. Learned counsel for the petitioner relied on judgment passed by a co-
ordinate Bench of this Court in W.P.No.5692/2020 (Hardik Shah Vs. Union of
India and others) dated 07.12.2021. Placing reliance on said judgment, it has
been stated by petitioner that respondents ought to have renewed the passports
for a period of 10 years. Said judgment has not been brought to the notice of
trial Court while passing the order.
5. In view of aforesaid, without commenting on merits of the case,
petitioner is at liberty to file review application alongwith order dated 07.12.2021
before the trial Court and trial Court shall consider the same and pass a
reasonable order specifying the time period.
Signature Not Verified
6. With aforesaid direction, the petition is disposed off.
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2023.04.03 17:57:31 IST
(VISHAL DHAGAT)
JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2023.04.03 17:57:31 IST
