Boota Sngh Batth vs Union Of India And Anr
2024 Latest Caselaw 19271 P&H

Punjab-Haryana High Court

Boota Sngh Batth vs Union Of India And Anr on 19 October, 2024

SANDEEP SETHI
2024.10.27 23:15

PRPVEY AE IPRIEX. QoeRge ge -yey. Ges
SUSS PHHE TSAGSS 8

CWP-28154-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
(105)
CWP-28154-2024
Date of Decision:-19.10.2024
Boota Singh Batth
beeeee Petitioner
Versus
Union of India and another
beeees Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
oh 2 2h 3
Present: Mr. Harpal Singh Sidhu, Advocate for the petitioner.
2 2K 3 Oe
ALOK JAIN, J. (Oral)

1. The present petition has been filed under Article 226 of the

Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to renew the passport (expired on 20.02.2024) of the petitioner which is not being done on account of a criminal case pending against the him.

2. Notice of motion.

3. Ms. Shweta Nahata, Senior Panel Counsel, accepts notice on behalf of the respondents-Union of India and submits that the petitioner has to seek the necessary permission from trial Court, in compliance of the Notification No. GSR 570 (E) dated 25.08.1993 and the Circular dated 10.10.1993 issued by the Ministry of External Affairs, PSP Division,

Government of India.

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CWP-28154-2024

4. Faced with the above, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to approach the trial Court to seek the necessary permission for renewal of passport to the petitioner.

5. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to approach the trial Court by moving an appropriate application in furtherance to the Notification and Circular as detailed above. It is made clear that the application for renewal of passport is not to be construed as a permission to go abroad. The trial Court shall decide the application in accordance with law and in case, the same is to be allowed, it would clearly record the time period for which the passport of the petitioner is to be renewed/reissued.

6. The petitioner shall also undertake to file a separate specific application in case he seeks permission to go abroad and the same shall not be interlinked.

7. With the above directions, the present petition is dismissed as withdrawn. It would be appreciated if the learned trial Court, while deciding the application of the petitioner seeking renewal of the passport of the petitioner, specifies the time period for which the passport has to be

renewed so that no further litigation will arise on that score.

(ALOK JAIN) JUDGE October 19, 2024.

S. Sethi Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

SANDEEP SETHI

2024.10.27 23:15

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