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High Court of Karnataka · body

2025 DAILYLAW 12579 (KAR)

SRI RAJARATHNAM KALLU v. THE UNION OF INDIA

WP/325/2025 · 2025-01-23

R Devdas

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2903 WP No. 325 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 325 OF 2025 (GM-PASS) BETWEEN: 1. SRI RAJARATHNAM KALLU, S/O RAMAIAH KALLU, AGED ABOUT 57 YEARS, R/AT NO.3, 5TH MAIN, 3RD CROSS, FURTHER EXTENSION, VIVEKANAGAR, BENGALURU - 560 047. 2. SMT.LAKSHMI DEVI RAJARATHNAM, W/O RAJARATHNAM KALLU, AGED ABOUT 51 YAERS, R/AT NO.3, 5TH MAIN, 3RD CROSS, FURTHER EXTENSION, VIVEKANAGAR, BENGALURU - 560 047. 3. SRI. KHODHANDA RAMAN RAJARATHNAM, S/O RAJARATHNAM KALLU, AGED ABOUT 28 YEARS, R/AT NO.3, 5TH MAIN, 3RD CROSS, FURTHER EXTENSION, VIVEKNAGAR, BENGALURU - 560 047. …PETITIONERS (BY SMT. S. AISHWARYA., ADVOCATE FOR SRI. RAJESHWARA P. N., ADVOCATE) AND: 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2903 WP No. 325 of 2025 REP BY TIS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI - 110 001. 2. PASSPOSRT AUTHORITY OF INDIA, REP BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUS, TILAK MARG, NEW DELHI - 110 001. 3. REGIONAL PASSPORT OFFICE, REP BY ITS REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095, KARNATAKA. …RESPONDENTS (BY SMT. RESHMA THAMMAIAH., CGC) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONERS APPLICATIONS DTD. 04.06.2023, 05.06.2023 AND 05.06.2023 FOR PASSPORT SUBMITTED BY THEM THROUGH ONLINE AS PER APPLICATION NO. BN1065525382723, BN1065525385323 AND BN1065525377723 RESPECTIVELY AS PER (ANNX-A, A1 AND A2) WITHOUT REFERENCE OF THE PENDENCY OF O.S.NO. 27385/2009 PENDING ON THE FILE OF IV ADDL CITY CIVIL AND SESSIONS JUDGE, (CCH-21) MAYOHALL UNIT, BENGALURU AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2903 WP No. 325 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Central Government Standing Counsel takes notice for all the respondents. 2. The grievance of the petitioners is that on an application given by the petitioners for issuance of passport, the impugned communication at Annexure-C dated 21.07.2023 has been issued by the Regional Passport Officer calling upon the petitioners to appear in person and submit an explanation. Thereafter, the petitioners requested for appointment and furnished an explanation that the suit in O.S.No.27385/2009 has been filed against the petitioner No.1 by one Sri.K. Ramaiah and Sri.G. Mallikarjuna, seeking permanent injunction in respect of the suit schedule property bearing site No.3, B.D.A Layout, Sonnenahalli further extension, Vivekanagar, Bengaluru, with a further direction to the defendant to demolish the illegal structure put up on the suit schedule property and to deliver the possession of the same. However, it is clarified that the written statement has been filed by the petitioner No.1 contending that he is the lawful owner of the suit schedule property and in lawful possession of the suit schedule property. - 4 - NC: 2025:KHC:2903 WP No. 325 of 2025 In that view of the matter, learned counsel submits that the address given by the petitioners in the applications is correct and the petitioners are residing in the same place as shown in the applications. 3. Learned counsel for the respondents submits that the petitioners may be directed to furnish necessary information to enable police verification of the address given by the petitioners. If the petitioners furnish such an explanation and on police verification, if it is found that the petitioners are residing in the same place where the address is shown in the applications, the Regional Passport Officer will consider issuance of the passport in favor of the petitioners. 4. Accordingly, the writ petition stands disposed of, permitting the petitioners to place all the relevant information before the respondents and seek for police verification and on verification, if it is found that the petitioners are residing in the same address as shown in the applications, the respondents shall consider issuance of passport in favor of the petitioners. At any rate, the entire exercise shall be completed as expeditiously as possible and within a period of four weeks from the date of receipt of a copy of this order. - 5 - NC: 2025:KHC:2903 WP No. 325 of 2025 5. It is made clear that pendency of the suit does not in any way preclude the petitioners from seeking issuance of a passport. Sd/- (R DEVDAS) JUDGE AMA List No.: 1 Sl No.: 25