Citation : 2022 Latest Caselaw 6607 Tel
Judgement Date : 8 December, 2022
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.44148 of 2022
ORDER:
Heard learned counsel for the petitioner, learned Assistant
Government Pleader for Home, and Sri Gadi Praveen Kumar, learned
Deputy Solicitor General of India for respondent Nos.5 and 6.
2. Petitioner herein is holder passport bearing No.E5596809. It
was expired on 11.10.2006 itself. He has submitted an application
dated 05.05.2022 with respondent No.6 with a request to renew the
passport and the same was not considered on the ground that there
were criminal cases pending against petitioner and a rowdy sheet was
opened and continued against him.
3. It is relevant to note that petitioner herein had filed
W.P.No.32182 of 2022 to declare the action of respondent No.6 in not
renewing the passport. The said writ petition was dismissed granting
liberty to the petitioner to make a fresh application after closing the
rowdy sheet opened against him and continued.
4. Petitioner herein filed a W.P.No.35118 of 2022 challenging the
aforesaid rowdy sheet opened and continued against him. The said
writ petition was allowed on 10.10.2021 and respondents therein were
directed to close the rowdy sheet opened against him.
5. Learned Assistant Government Pleader for Home, placed
written instructions before this court, wherein it is specifically stated
that the aforesaid rowdy sheet was closed on 26.10.2022 itself.
According to the petitioner, he has submitted a representation dated
24.10.2022 with respondent No.6 by duly enclosing copy of the
aforesaid order dated 10.10.2022 in W.P.No.35118 of 2022 with a
request to consider his application seeking renewal of passport.
Despite receiving and acknowledging the same, respondent No.6 did
not consider the same. Therefore, the present writ petition.
6. Whereas learned Deputy Solicitor General of India on
instructions would submit that petitioner did not serve a copy of the
aforesaid judgment with respondent No.6.
7. In view of the aforesaid submission this writ petition is disposed
of directing the respondent No.6 to consider the aforesaid online
application dated 05.05.2022 submitted by the petitioner seeking
renewal of passport and pass appropriate orders strictly in accordance
with law more particularly provisions of Passport Act 1967. If
respondent No.6 did not receive copy of the aforesaid judgment along
with the aforesaid representation, liberty is granted to him to seek a
copy of the said order and also information, if any, to consider the
aforesaid representation dated 05.05.2022. However, he shall
complete the entire exercise within a period of two (02) months from
the date of receipt of copy of this order. No costs.
As a sequel, the miscellaneous petitions, if any, pending in the
Writ Petition shall stand closed.
___________________ K. LAKSHMAN, J
08.12.2022 AQS
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