Orissa High Court
Ch. Pallavi Patro vs Union Of India & Ors on 27 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8894 of 2018
Ch. Pallavi Patro .... Petitioner(s)
Mr. S. Mishra, Adv.
-versus-
Union of India & Ors. .... Opposite Party(s)
Mr. B. Maharana, CGC
CORAM:
JUSTICE BISWANATH RATH
ORDER
27.03.2023
Order No.
05. 1. Finding that no counsel representing the Passport Authority,
this Court vide order dated 21.03.2023 directed for personal
appearance of the Regional Passport Officer, Bhubaneswar to make his
submission.
2. Today at the time of hearing Mr. Maharana, learned CGC in
presence of Regional Passport Officer, Bhubaneswar begs
unconditional apology for nonappearance of the Central Government
Counsel on 21.03.2023 and commits that there shall be no repetition of
such conduct in any of the matter involving Regional Passport Officer
and shows his readiness to argue the matter and seeks exemption of the
Regional Passport Officer, Bhubaneswar from personal appearance.
3. Considering the above and for there is already appearance of a
counsel on behalf of Opposite Parties, this Court does not require the
presence of Regional Passport Officer, Bhubaneswar any further.
Accordingly, personal appearance of the Regional Passport Officer,
Bhubaneswar stands dispensed with.
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4. Though this Writ Petition involves non-consideration or illegal
pendency of the passport application of the Petitioner bearing
No.BH1060414373317, however in filing the additional counter
affidavit through Annexure-F at page 23 therein, it has been brought to
the notice of this Court that the passport application of the Petitioner
has already been turned down since 31.01.2019. Mr. Mishra, learned
counsel for Petitioner appears to be surprised with this communication.
From the materials produced by the Regional Passport Officer
establishing rejection of the earlier passport application of the
Petitioner, this Court finds, while turning down the passport
application of the Petitioner, the Regional Passport Officer has also
made the following observation:-
"In the absence of any response from your side till
date, your file has been closed and appropriate notice has
also been placed on the website www.passportindia.gov.in
in the section "Track Status" against your file number.
You may however, wish to apply for a fresh passport
with all the documents and required fees anytime at the
Passport Seva Kendra near your place of present
residence, but will have to quote the previous file number
at the appropriate places in the relevant forms."
5. Reading the above, this Court finds, Petitioner has clear scope
of applying afresh for passport, however, with desired documents and
required fees. For the Petitioner having scope of applying fresh
passport and as this Court finds, there is lawful reason of rejection of
passport application earlier but Petitioner's right of submission of
application for fresh passport cannot be curtailed, this Court though
declines to entertain the Writ Petitioner, however, observes that in the
event Petitioner makes a fresh application for passport with required
documents detailing the position of the Petitioner in the criminal case,
if any, the same shall be considered and disposed of in accordance with
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law, however, keeping in view the guidelines made by this Court in the
judgment in W.P.(C) No.4834 of 2022 disposed of on 23.03.2022.
6. The Writ Petition stands disposed of with the above order.
(Biswanath Rath)
Judge
Ayaskanta Jena
