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2025 DAILYLAW 23905 (HP)

MOHAN SINGH v. UOI AND ORS

CWP/13697/2025 · 2025-08-26

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:28868 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13697 of 2025 Decided on: 26.08.2025 Mohan Singh … Petitioner Versus Union of India and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Ganesh Barowalia, Advocate. For the respondents : Mr. Balram Sharma, DSGI, with Mr. Rajiv Sharma, Advocate for respondents No. 1 and 2. : Mr. Pushpender Jaswal, Additional Advocate General for respondents No. 3 to 5. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Rajiv Sharma, learned Counsel and Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents No. 1 and 2 and respondents No. 3 to 5, respectively. On the instructions of Mr. Rajiv Sharma, learned Counsel, Mr. Balram Sharma, learned Solicitor General of India, also appears for respondents No. 1 and 2. 2. By way of this writ petition, the petitioner has, inter alia, assailed the order passed by the Regional Passport Officer dated 07.12.2024, in terms whereof, the request of the petitioner for 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28868 issuance of a Passport inter alia has been rejected on the ground that in the police verification report, as there was a remark of Nepali citizen, therefore, the file of the petitioner is closed. 3. Learned Counsel for the petitioner has submitted that the petitioner is an Indian national and in the police verification report, he has been wrongly held to be a Nepali citizen. 4. On the other hand, learned Deputy Solicitor General of India has referred to Section 11 of the Passports Act, 1967 and submitted that there is a statutory remedy available to the petitioner, therefore, this writ petition, at this stage, is not maintainable. 5. Having heard learned Counsel for the parties and having perused the pleadings as well as the documents appended therewith as also the reliefs prayed for in the writ petition, this Court is of the considered view that as there is a statutory remedy available to the petitioner, he would be well advised to approach the Appellate Authority first. 6. Mr. Ganesh Barowalia, learned Counsel for the petitioner submitted that time to file the appeal is over. 6. Be that as it may, in case, the petitioner files an appeal to assail order dated 07.12.2024, within a period of 15 days from today, then it is ordered that the appellate authority shall treat the same within limitation and same shall be decided on merit but if no appeal is filed within 15 days from today, then the same shall not be 3 2025:HHC:28868 entertained. The writ petition is disposed of in above terms, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge August 26, 2025 (narender)