Citation : 2026 Latest Caselaw 1935 MP
Judgement Date : 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:7001
1 WP-6588-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 24th OF FEBRUARY, 2026
WRIT PETITION No. 6588 of 2026
SAMRIDDHI SINGH YADAV (MINOR) THROUGH HER GUARDIAN
FATHER
Versus
CENTRAL PASSPORT ORGANISATION AND OTHERS
Appearance:
Shri Sanjay Kumar Dwivedi and Shri Jai Prakash Kushwah- Advocate
for the petitioner.
Shri Praveen Kumar Newaskar- Dy. SGI for respondents Union of
India.
ORDER
1. Heard on the question of admission.
2. The instant writ petition under Article 226 of the Constitution of India seeks following reliefs:-
"a) that this Hon'ble Court may kindly be pleased to allow the petition and to issue the writ. and the directions in the nature of writ:
b) Kindly grant liberty to the petitioner to apply afresh for passport;
c) Kindly direct respondent no. 1 and 2 to grant passport to the petitioner on the basis of the last and correct birth certificate annexure P-1. Further, that the respondents no. 1 and 2 may kindly be restrained from rejecting it on account of existence of previous birth certificates (Annexure P/2 and P/4); |
NEUTRAL CITATION NO. 2026:MPHC-GWL:7001
2 WP-6588-2026
d) Kindly restrain respondent no. 1 and 2 from treating previous rejection of passport application of the petitioner as stigmatic;
e) In the alternative, respondent no. 4 may kindly be directed to officially treat the previous birth certificates (Annexure P/2 and P/4) as cancelled and remove the same from the portal/ public domain;
f) Cost of the petition may kindly be awarded; and
g) Any other relief may be given which this Hon'ble Court may deem fit in the facts and circumstances of the case."
3. The learned counsel for appearing for the petitioner submits that on account of certain error in the birth certificate issued in favour of the petitioner, the petitioner is in possession of three birth certificates dated 8.9.2010, 27.10.2021 and 1.8.2023. The petitioner filed a civil suit seeking
cancellation of earlier two date of birth certificates dated 8.9.2010 and 27.10.2021 which was dismissed vide order dated 25.10.2025 (Annexure P/5). The first appeal preferred by the petitioner against the same was also dismissed vide order dated 03.12.2025 (Annexure P/6). He submits that the petitioner has applied for issuance of passport which application of the petitioner has been declined vide communication dated 8.12.2025 (Annexure P/7) and communication dated 01.01.2026 (Annexure P/8). He submits that rules for issuance of passport have been amended vide Gazette notification dated 24.2.2025 (Annexure P/9) and to establish the proof of date of birth, for the persons born before 01.10.2023, new criteria as regards submission of any of the documents has been laid down. The petitioner intends to apply afresh for issuance of the passport but apprehends rejection in view of the earlier orders (Annexures P/7 and P/8), and, therefore the petition has been
NEUTRAL CITATION NO. 2026:MPHC-GWL:7001
3 WP-6588-2026
filed.
4. On the other hand, learned Dy. Solicitor General appearing for respondent Nos. 1 to 3, submits that orders dated 8.12.2025 (Annexure P/7) and dated 01.01. 2026 (Annexure P/8) have been issued by the passport authority, Ofice at Kota. The petitioner applied for issuance of passport from her then address at Udaipur, Rajasthan, therefore, at this stage, petitioner can not be permitted to question those orders by filing a writ petition before this court in Madhya Pradesh. The cause of action, if any, accrued in favour of the petitioner is within territorial jurisdiction of Rajasthan High Court. The petition therefore does not deserve to be entertained. He further submits that even the rejection of civil suit and first appeal are required to be challenged, in accordance with law.
5. Heard the learned counsels for the parties and perused the record.
6. Taking into consideration the submissions advanced by the rival parties and on due perusal of the communication dated 01.01.2026 issued by the passport authority at Kota, closing the earlier application for issuance of passport filed by the petitioner indicates that by the same communication, liberty has been granted to the petitioner to apply a fresh for passport with all the documents and required fees, any time, at the nearest passport Seva Kendra. However, the petitioner shall be required to quote the previous file number at appropriate places in the relevant form.
7. In view of the aforesaid liberty granted to the petitioner by the passport authority at Kota, at this stage, it is not open for this Court to issue
any direction to respondent authority to consider the fresh application, if any,
NEUTRAL CITATION NO. 2026:MPHC-GWL:7001
4 WP-6588-2026 to be filed by the petitioner in a particular manner. It is always open for the petitioner to apply afresh by disclosing the earlier rejection and also by filing documents as prescribed by the amended Rules of 2025, notified vide gazette notification dated 24-2-2025 and it is only in the event of any decision on merits the petitioner may have cause to ventilate. In so far as direction for issuance of passport is concerned, in view of the above consideration, interference at this stage is pre-mature and therefore declined, by setting out the petitioner to avail the liberty as provided in the communication dated 1- 1-2026 (Annexure P/8) by the respondents themselves.
8. With the aforesaid, the petition stands disposed of.
(AMIT SETH) JUDGE
ar
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!