Gurdev Singh vs Regional Passport Office And ...
2023 Latest Caselaw 1949 P&H

                          214
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                CWP-18422-2022
                                                Date of Decision: 30.01.2023

GURDEV SINGH

                                                                ....Petitioner(s)
                                       Versus


REGIONAL PASSPORT OFFICE AND OTHERS

                                                             .....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:     Mr. G.S. Saini, Advocate, for the petitioner.

             Ms. Amrita Singh, Advocate for respondent No.1.

             Ms. Akshita Chauhan, DAG, Punjab.
             for respondents No. 2 and 3.

                ****
JASGURPREET SINGH PURI, J. (Oral)

The present petition has been filed under Article 226/227 of the

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

respondent No.1 to consider the application which has been filed by the

petitioner for grant of passport.

Learned counsel for the petitioner has submitted that the

petitioner has filed an application for grant of passport on 02.05.2022 wherein

even an online appointment was also given to him and about 8 months have

elapsed but the Passport Authorities have not considered the application filed

by the petitioner for grant of passport. He submitted that it appears that there

was one FIR No. 74 dated 27.04.2015, under Sections 447, 120-B IPC

and Section 13-A of the Punjab Village Common Land Regulation Act, 1961,

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Police Station Patran, District Patiala which was registered against the

petitioner but till date even challan has not been presented under Section 173

Cr.P.C before the competent Court and therefore, mere pendency of an FIR

and that too of about 7 years ago cannot become a bar for grant of passport to

the petitioner. He referred to judgments of this Court in Daler Singh Vs.

Union of India and others [2015(8) RCR (Civil) 618 ]and Sahib Jaskaran

Singh Versus Union of India and others [CWP No.19551 of 2015] in this

regard.

On the other hand, Ms. Amrita Singh, Advocate appearing on

behalf of respondent No.1 has submitted that now a discreet inquiry has been

conducted and the Passport Authorities have already received information

with regard to the petitioner from the concerned police station and now the

application of the petitioner for grant of passport will be processed promptly

and will be concluded within a period of three weeks from today.

Learned counsel for the petitioner has submitted that in view of

the statement made by the learned counsel for respondent No.1 that the

application of the petitioner will be considered within a period of three weeks

from today, he does not wish to press the present petition and prays for

withdrawal of the same at this stage.

Dismissed as withdrawn at this stage.

30.01.2023                                  (JASGURPREET SINGH PURI)
rakesh                                             JUDGE

         Whether speaking                       :     Yes/No
         Whether reportable                     :     Yes/No




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