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2025 DAILYLAW 30570 (ALL)

RASHID ALI KHAN v. UNION OF INDIA AND 2 OTHERS

WRIC/7893/2025 · 2025-03-18

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39330-DB Court No. - 29 Case :- WRIT - C No. - 7893 of 2025 Petitioner :- Rashid Ali Khan Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Mohammad Zunaid Khan,Yash Pratap Singh Counsel for Respondent :- A.S.G.I.,Narendra Kumar Chatterjee Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. A show cause notice has been issued to the petitioner on the ground that no N.O.C. has been obtained from the concerned court in terms of the law laid down by the Division Bench of this Court in the case of Pawan Kumar Rajbhar vs. Union of India & 2 Ors. in Writ C No.41540 of 2023, decided on 19.1.2024 and consequently, the application for issuance of fresh passport cannot be considered. Learned counsel for the petitioner points out that such N.O.C. has been granted to the petitioner by the concerned Judicial Magistrate and, therefore, the issuance of show cause notice is wholly uncalled for and shows non-application of mind. From the records it is not clear as to whether the order passed by the concerned court granting N.O.C. dated 5.2.2025 was placed before the Regional Passport Officer on the date the show cause notice was issued to the petitioner. In such circumstances, we permit the petitioner to respond to the show cause notice by annexing copy of the order dated 5.2.2025 passed by the concerned court granting N.O.C. to the petitioner alongwith a copy of this order within a week from today. Such reply of the petitioner would be accorded consideration by the Regional Passport Officer, by passing an appropriate reasoned order, within a period of four weeks, thereafter. The petitioner will also furnish material to show that the conditions imposed under the orders of the concerned court has been complied with. With the above observation/direction, the writ petition stands disposed of. Order Date :- 19.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad