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2025 DAILYLAW 193454 (ALL)

SHUBH GAUTAM v. UNION OF INDIA AND 3 OTHERS

WRIC/23050/2025 · 2025-10-16

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23050 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Gaurav Singh, learned counsel for the petitioner, Sri Rahul Jain, Advocate holding brief of Smt. Manjari Singh, learned counsel for the respondent nos. 1, 3 and 4 and learned Standing Counsel for the State- respondent nos. 2, 5 and 6. 2. Present writ petition has been filed seeking following prayer: "(i) Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 11.07.2025(Annexure no. 2) issued by the Respondent no. 3/4 herein, whereby the Respondent no.3/4 has, in continuation of its earlier direction to impound Petitioner's passport no. Z7507602, refused to render passport facility to the Petitioner (ii) Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 09.05.2025(Annexure no. 3). whereby the Respondent no. 3 has impounded the passport of the Petitioner. (iii)Issue writ, order or direction in the nature of mandamus directing the Respondents to consider passport no. Z7507602 belonging to the Petitioner as a legal travel document and update their records accordingly." 3. Sri Gaurav Singh, learned counsel for the petitioner submits that present controversy is squarely covered by the judgment and order dated 20.9.2024 passed by the Apex Court in Special Leave Petition No. 7481 of 2024 (Rita Verma vs. Union of India & Ors.), which has not been taken into consideration while passing the impugned order. It is further submitted that impugned order may be quashed and matter may be remanded back to pass Versus Counsel for Petitioner(s) : Raghav Dev Garg, Yashvi Agarwal Counsel for Respondent(s) : A.S.G.I., C.S.C., Manjari Singh, Sunil Kumar Misra Shubh Gautam .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) fresh order. 4. Learned counsel for the respondents submitted that respondents shall pass fresh order considering the judgment of the Apex Court passed in the case of Rita Verma (supra) and order impugned shall abide by the fresh order passed by the respondents. 5. Accordingly, writ petition is disposed of with direction to respondent no. 3-Regional Passport Officer, CGO Complex-1, Hapur Road, Hapur Chungi, Kamala Nehru Nagar, Ghaziabad, to pass fresh order considering the judgment of the Apex Court passed in Rita Verma (supra) as well as the Office Memorandum dated 10.10.2019 quoted in the said judgment, within four weeks from the date of production of certified copy of this order. The order impugned shall abide by the fresh order passed by the respondent no. 3. 6. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent no. 3 to pass order after considering the relevant Rules as well as facts of the case. October 17, 2025 A.P. Pandey WRIC No. 23050 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad