HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11330 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This writ petition has been filed for the following main relief(s): "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no.2 to consider and dispose of the Passport Fee Receipt No.25-2003490168 Application dated 10.07.2025 submitted by the petitioner and issue the Passport to the petitioner within such time bound period as may be deemed fit and fixed by this Hon'ble Court." 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is presently in Abu Dhabi and since his passport is expired, the petitioner is unable to return to India. He further submits that there is an emergency and the petitioner requires to come back to India. 4. Learned counsel for the petitioner further submits that the matter may be disposed of in light of the judgment passed by Division Bench of this Court in Pawan Kumar Rajbhar versus Union of India and 2 others; Writ-C No.41540 of 2023 : Neutral Citation No.-2024:AHC:9963-DB. 5. The submission of learned counsel for the petitioner is controverted by learned counsel appearing on behalf of the respondent(s). His submission is that the judgment of Pawan Kumar Rajbhar (supra) has been modified by Hon'ble Supreme Court in Rita Verma vs. Union of India Versus Counsel for Petitioner(s) : Shamshad Ahmad Khan Counsel for Respondent(s) : A.S.G.I. Mohammad Rizwan .....Petitioner(s) U.O.I. Thru. The Secy. Ministry Of External Affairs New Delhi And Another .....Respondent(s) and others; Petition(s) Special Leave to Appeal (C) No.7481 of 2024 vide judgment and order dated 20.09.2024. 6. It may be noted that in Smt. Rita Verma vs. Union of India and others; Writ-C No.6450 of 2024; Neutral Citation No.2024:AHC:35201- DB, the Division Bench of this Court had reiterated the ratio of Pawan Kumar Rajbhar (supra). However, after examining the entire position with regard to the Memorandum No.VI/401/1/5/2019 dated 10.10.2019, the Hon'ble Supreme Court in Rita Verma (supra) has directed as follows:- "4. In spite of the clear wordings in the Memo, the High Court by the order impugned herein came to a conclusion that the office Memorandum is contrary to the statutory position and proceeded to dismiss the Writ Petition. 5. We have heard Mr. Malak Manish Bhatt, appearing for the appellant as also Mr. K.M. Natraj, learned Additional Solicitor General appearing for the Union of India. Mr. K.M. Natraj, learned Additional Solicitor General submits that the approach adopted by the High Court that the Office Memorandum is contrary to the statutory positions and is not supported by law and it is also not the stand of the Union of India. Learned Additional Solicitor General expressed no difficulty in processing the application of the appellant on the basis of the Office Memorandum. 6. In this view of the matter, it is sufficient for us to direct the authorities to consider the application for renewal of the passport on the basis of Office Memorandum dated 10.10.2019 or any other subsequent Office Memorandums that may govern the field notwithstanding the order passed by the High Court in Writ Petition(C) No.6450/2024 dated 28.02.2024, upon making of an appropriate application, the same shall be disposed of, as expeditiously as possible." 7. In light of the above finding(s) of Hon'ble Supreme Court, we are of the view that the authorities are required to consider the application of the petitioner for issuance of fresh passport on the basis of Office Memorandum dated 10.10.2019 or any other subsequent office memorandum that may govern the field as the Hon'ble Supreme Court has finally dealt with this issue in Rita Verma (supra). The law laid down by Hon'ble Supreme Court in Rita Verma (supra) shall apply in the present case, therefore, we direct the authorities to act expeditiously in WRIC No. 11330 of 2025 2 accordance with law in the subject matter. 8. The petitioner is also granted liberty to make an application before the Indian Embassy at Abu Dhabi and the Indian Embassy is directed to issue an emergency certificate under Section 4 of the Passport Act, 1967 after considering all the facts and circumstances of the case in accordance with law. 9. With the aforesaid direction, the writ petition is disposed of. November 27, 2025 Ashutosh WRIC No. 11330 of 2025 3 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench