Ranjit Singh vs Union Of India And Others
2023 Latest Caselaw 5553 P&H

                                                             Neutral Citation No:=2023:PHHC:060241




CWP-3736 of 2023                        -1-                         2023:PHHC:060241

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

211                                               CWP-3736 of 2023
                                                  Date of Decision:27.04.2023
Ranjit Singh

                                                                        ....Petitioner(s)
                                         Versus

Union of India and others

                                                                     .....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

               ****

Present:       Mr. Padamkant Dwivedi, Advocate,
               for the petitioner.

               Mr. Karan Kumar Jund, Advocate,
               for respondents No.1 and 2.

               Mr. Arun William, AAG, Punjab
               for respondent No.3.

               ****

JASGURPREET SINGH PURI, J. (Oral)

1. The present writ petition has been filed under Articles 226/227 of

the Constitution of India seeking a writ in the nature of mandamus directing

the respondents to issue the passport of the petitioner irrespective of the

pendency of an FIR against the petitioner.

2. Learned counsel for the petitioner submitted that the petitioner had

filed an application for grant of passport to the Passport Authorities but the

same has not been done by the respondents-Passport Authorities in view of the

fact that there was an FIR against the petitioner regarding which even

cancellation report was submitted and there was no criminal trial pending

against the petitioner and therefore inaction on the part of the Passport

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Neutral Citation No:=2023:PHHC:060241

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Authorities for violation of the provisions of the Passports Act and also the

judgments of this Court in Daler Singh versus Union of India 2015(8) RCR

(Civil) 618 and Sahib Jaskaran Singh versus Union of India and others

(CWP-1955 of 2015)

3. However, learned counsel appearing on behalf of the respondents-

Passport Authorities has submitted that the earlier application which was filed

by the petitioner has since been closed and he has instructions to say that in

case the petitioner files a fresh application for grant of passport in accordance

with law then the same will be considered and finalized within a period of four

weeks from the date of filing of the fresh application, if any by the petitioner

strictly in accordance with law and also in the light of the aforesaid two

judgments.

4. In view of the aforesaid position, the present petition is disposed

of with the following directions:-

(i) The petitioner shall be at liberty to file a fresh application

for grant of passport to the Passport Authorities in

accordance with law and within a period of three weeks

from today.

(ii) In the event of the petitioner filing any such fresh

application, then the respondents-Passport Authorities shall

consider, process and finalize the same within a period of

four weeks thereafter as per the statement made by learned

counsel for the respondents-Passport Authorities.

(iii) Needles to say that during the process of the application, the

Passport Authorities shall also keep in mind the aforesaid

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two judgments passed by this Court and thereafter finalize

the application strictly in accordance with law.

(iv) After considering the application of the petitioner within the

aforesaid time framework in case the Passport Authorities

come to the conclusion that the petitioner is entitled for

grant of passport, then the same shall be issued to the

petitioner within a period of next three weeks and in case

the passport authorities come to the conclusion for any

reason whatsoever under the law that the petitioner is not

entitled for the grant of passport, then the Passport

Authorities shall pass a well-reasoned speaking order in this

regard after giving an opportunity of hearing to the

petitioner or his counsel and thereafter convey the orders to

the petitioner.

5. In view of the aforesaid directions, the present petition stands

disposed of.

                                          (JASGURPREET SINGH PURI)
                                                  JUDGE
April 27, 2023
dinesh
            Whether speaking              :       Yes/No
            Whether reportable            :       Yes/No

Neutral Citation No:=2023:PHHC:060241

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