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2025 DAILYLAW 156045 (ALL)

MOHD. KALIM v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 4 OTHERS

WRIC/7518/2025 · 2025-08-11

Manish Kumar, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46681-DB Court No. - 2 Case :- WRIT - C No. - 7518 of 2025 Petitioner :- Mohd. Kalim Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 4 Others Counsel for Petitioner :- Dhananjai Kumar Tripathi,Amit Kumar Verma Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, Sri S.B. Pandey, learned Senior Advocate and DSGI, assisted by Sri Varun Pandey, learned counsel for the respondent nos. 1 and 5 and learned Standing Counsel for respondent nos. 2 & 3. The present writ petition has been preferred with the following prayer:- "i. To issue a writ, order or direction in the nature of Mandamus directing the opposite party no. 4 & 5 to take decision on the application of petitioner moved for issuance of a passport in favour of petitioner." It is the case of the petitioner that he had applied for issuance of a passport on 04.12.2024. A report was called from the Superintendent of Police, Bahraich. A report has been submitted regarding pendency of criminal case no. 3588 of 2020 arising out of case crime no. 391 of 2020 (State vs. Lilau and Ors.) under Section 13 of the Public Gambling Act, P.S Rupaidiha, District Bahraich. It is the case of the petitioner that the said criminal case has been decided by the CJM, Bahraich. The petitioner was not convicted and he has no other criminal history. Yet his application for grant of passport has not been considered. Learned counsel for the respondent no. 1 & 5 on the basis of instructions received from the Regional Passport Officer says that a show cause notice was issued to the petitioner on 26.12.2024 to which the petitioner has not submitted his reply. The instructions are kept on record. The present writ petition is disposed of with a direction to the petitioner to file his reply to the show cause notice dated 26.12.2024 within a period of two weeks from today. If such reply is filed, the Regional Passport Officer shall take an appropriate decision in accordance with the Rules within a further period of four weeks. Order Date :- 11.8.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench