Hardeep Singh vs Union Of India And Anr
2024 Latest Caselaw 19565 P&H

Punjab-Haryana High Court

Hardeep Singh vs Union Of India And Anr on 6 November, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                        CWP-25248-2024                              -1-

                                      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                                    CHANDIGARH

                        (108)
                                                                                     CWP-25248-2024
                                                                          Date of decision:- 06.11.2024

                        Hardeep Singh                                             ... Petitioner
                                                              Versus
                        Union of India and another                                ... Respondents

                        CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

                        Present:- Mr. Pushp Jain, Advocate
                                  for the petitioner.
                                                ****
                        SUVIR SEHGAL, J. (ORAL)

1. By way of instant petition, petitioner has approached this Court

under Article 227 of the Constitution of India inter-alia for issuance of a writ

in the nature of mandamus directing the respondents to re-issue the passport.

2. Counsel submits that the petitioner possessed a passport, which

expired on 15.01.2001. He submits that the petitioner was named as an

accused in FIR bearing No.34 dated 21.04.2013 under Sections

323/324/325/326/ 447/148/149, IPC and was convicted by the Trial Court

by judgment dated 13.03.2020, and sentences of two years rigorous

imprisonment was imposed upon him. He submits that a revision petition is

pending before this Court and by order dated 18.05.2023, Annexure P-1,

the remaining sentence has been suspended. Counsel submits that the

petitioner applied for re-issuance of passport vide application, Annexure P-

2, in April, 2024 and despite the fact that the petitioner appeared before the

authorities and supplied all the requisite information, application is still

pending.

authenticity of this order/judgment

3. Advance copy of the petition has been served upon the

respondents.

4. Upon instructions, Ms. Neha Sharma, Advocate, Senior Panel

Counsel, for respondents submits that the antecedents of the petitioner were

verified and the police authorities did not recommend the issuance of a

passport.

5. Be that as it may, application submitted by the petitioner is

pending since April, 2024 and a period of more than seven months has

expired. Section 5 of the Passports Act, 1967 provides for the procedure for

dealing with an application submitted for issuance of a passport. Sub-

Section (3) of Section 5 of the Passports Act, 1967 mandates that in case

the application is to be rejected, the passport authority has to record reasons

in writing. Although, there is no provision in the statute fixing the time

frame within which the applications have to be finally dealt with, but

considering that the application has been pending and no final decision has

taken thereon, a command deserves to be issued to the passport authority.

6. Accordingly, writ petition is disposed of with a direction to

respondent No.2 to finally decide the application, Annexure P-2, within a

period of three months from the date of communication of a copy of this

order by passing a reasoned order, in case, the application, Annexure P-2, is

to be rejected.

                        06.11.2024                                          (SUVIR SEHGAL)
                        Kamal                                                   JUDGE

                                      Whether Speaking/Reasoned            Yes/No
                                      Whether Reportable                   Yes/No






authenticity of this order/judgment