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2025 DAILYLAW 36497 (RAJ)

HARENDRA PAL SINGH v. THE UNION OF INDIA

CW/18402/2024 · 2025-01-20

Dinesh Mehta

body2025

Judgment text

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[2025:RJ-JD:3652] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18402/2024 Harendra Pal Singh S/o Shri Tej Pratap Singh, Aged About 45 Years, R/o.196, Umaid Heritage, At The Foothills Of Umaid Bhawan Palace, Jodhpur City- 342001, Rajasthan, India ----Petitioner Versus The Union Of India, Through The Regional Passport Officer, Regional Passport Office, Jhalana Institutional Area, Jhalana Doongri, Jaipur (Raj.) ----Respondent For Petitioner(s) : Mr. Sanjeet Purohit For Respondent(s) : Mr. Mukesh Rajpurohit, Dy.SG assisted by Mr. Prakas Raika JUSTICE DINESH MEHTA Order 20/01/2025 1. Mr. Sanjeet Purohit, learned counsel for the petitioner submitted that regardless of the fact that the petitioner’s writ petition being S.B. Civil Writ Petition No.14139/2024 was allowed by this Court on 09.10.2024, interalia observing that merely on the basis of pendency of the protest petition in relation to Negative Final Report filed by the Investigating Officer, Passport Officer cannot refuse to issue passport to the petitioner, the respondent has issued a limited period passport to him. 2. Learned counsel submitted that normally, a passport is issued with a validity of ten years but without any reason, the Passport Officer has confined the validity/life of passport to one year. [2025:RJ-JD:3652] (2 of 2) [CW-18402/2024] 3. Mr. Mukesh Rajpurohit, learned Deputy Solicitor General argued that since a criminal case is pending against the petitioner, the respondent was justified in issuing the passport only for one year. 4. Heard. 5. It is to be noted that while allowing petitioner’s writ petition on 09.10.2024, this Court had directed the respondents to issue passport to the petitioner ignoring the pending protest proceedings. The order contained no stipulation about the curtailment or otherwise of the period of passport. 6. Such being the position, it was incumbent upon the respondent to issue the passport for a period of ten years which is usually issued unless the Court itself confines or reduces the life of the passport – it is not open for the Passport Officer to issue the passport for a limited period. 7. The present writ petition is thus, allowed. 8. The petitioner to produce a certified copy of the order instant alongwith the representation and application for re-issuance of passport within a period of 15 days from today; whereafter the Passport Officer shall issue a passport with a validity of 10 years within a period of 7 days. 9. Stay application also stands dispose of, accordingly. (DINESH MEHTA),J 111-raksha/-Court No.12