Citation : 2024 Latest Caselaw 19582 P&H
Judgement Date : 6 November, 2024
CWP-29839-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(114)
CWP-29839-2024
Date of decision:- 06.11.2024
Ajaypal Singh ... Petitioner
Versus
Union of India and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Umesh Aggarwal, Advocate
for the petitioner.
****
SUVIR SEHGAL, J. (ORAL)
1. By way of instant petition, petitioner has approached this Court
under Article 226 of the Constitution of India inter-alia for issuance of a
writ in the nature of mandamus directing the respondents to consider his
application dated 11.03.2024, Annexure P-1, whereby he had applied for
issuance of a fresh passport.
2. Counsel for the petitioner submits that subsequent to the
submission of the application, Annexure P-1, petitioner appeared before the
authorities and submitted all the requisite documents, however, his
application is still pending. He submits that as per the information collected
by the petitioner through online portal, status of the application, Annexure
P-1, has been shown as "police verification report is not clear and
application is under review at passport office".
authenticity of this order/judgment
3. Advance copy of the petition has been served upon the
respondents.
4. Ms. Monica Chawla, Advocate has put in appearance on behalf of
respondents No.1 and 3 and Ms. Amrita Garg, AAG, Punjab has put in
appearance on behalf of respondent No.2. Counsel for respondents No.1
and 3 submits that by communication dated 31.07.2024, some clarification
has been sought from the Commissioner of Police, Amritsar, which has not
been received.
5. Be that as it may, application for issuance of passport cannot be
kept pending for months together. Merely addressing of a communication
by one department to another is no justification for not deciding the
application, Annexure P-1.
6. Keeping in view the mandate of Section 5 of the Passports Act,
1967, writ petition is disposed of with a direction to the Regional Passport
Officer, Amritsar-respondent No.3 to finally decide the application,
Annexure P-1, within a period of three months from the date of
communication of a copy of this order. In case, respondent No.3 finds that
the application has to be rejected, it shall pass an order assigning reasons
for rejection.
(SUVIR SEHGAL)
JUDGE
06.11.2024
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
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