ABDUL RASHID v. UNION OF INDIA TH SECRETARY MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER
WP(C)/928/2025 · 2026-02-27
Ma Chowdhary
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 483 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 483 (JK) · dailylaw.ai ]
Judgment text
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WP(C) No. 928/2025
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 928/2025 CM No. 2251/2025
Decided on: 27.02.2026 Uploaded on:02.03.2026
Abdul Rashid, Age 61 years S/O Ibrahim R/O Dugga Tehsil Arnas & District Reasi.
…..Petitioner
Through: Mr. Sheikh Altaf Hussain, Adv.
vs
1. Union of India through
Secretary to Govt., of India,
Ministry of External Affairs,
SO(DB), 74B South Block,
New Delhi.
2. The Regional Passport Officer, Regional Passport Office, Auqaf Trust Building, Opposite Gandhi Nagar Hospital, Jammu – 180004. .…. Respondent(s)
Through: Mr. Sumant Sudan, Adv. vice Mr. Vishal Sharma, DSGI.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER 27.02.2026
1. The petitioner claiming to have retired as Naib Tehsildar from the Revenue Department of the Govt. of Jammu & Kashmir, after rendering 37 years of service at different locations, positions, having attained superannuation on 31.05.2024, pleads that in the year 2023, he planned to perform Haj, which is one of the essential pillars of Islam, as such, he applied for grant of Passport through on-line mode to respondent no.2- Regional Passport Officer, Jammu and also appeared before their Seva Kendra, and that after completing all formalities, for issuance of Passport, was processed under File No. JM206666589041222, however, he was Serial No. 34
WP(C) No. 928/2025
astonished to know that his case has been closed as communicated to him on 04.07.2024 by respondent no.2 for ‘absence of any response’ from his side, his file has been closed placing the appropriate notice on website www.passportindia.gov.in in the section ‘Track Status’ against his file number. Aggrieved of the aforesaid communication, the petitioner, through the medium of this petition challenged the same seeking quashing of the aforesaid communication, whereby, his file was ordered to be closed and commanding the respondents to issue passport in his favour.
2. Despite opportunities, the respondents have not filed reply to this petition.
3.
Learned counsel for the respondents, however, submits that the petitioner’s case for grant of passport has not been rejected and only his case was closed with liberty to the petitioner to apply afresh for passport, with all the documents and required formalities any time at the Passport Seva Kendra near his place of residence, quoting the previous File No. at the appropriate places in the relevant forms and in case the petitioner applies afresh, his request for grant of passport shall be considered, in accordance with law.
4.
Learned counsel for the petitioner submits that no criminal case or departmental enquiry has been pending against the petitioner nor he had been convicted or held guilty in any of the cases/enquiries. Therefore, there is no impediment for grant of passport in his favour, so as to enable him to undertake the sacred journey of Haj pilgrimage. He further submits that the appropriate orders be passed.
5. In view of the fact that the request for grant of passport in favour of the petitioner has not been turned down or rejected by the Passport Authorities and only his earlier case file No. JM206666589041222 had been closed allegedly in ‘absence of any response’ from his side. Vide impugned communication, he has
WP(C) No. 928/2025
also been informed that he can apply afresh for the passport quoting the previous File No. at the appropriate places in the relevant forms. In this situation of the matter, the petitioner should have applied afresh for the grant of passport with the Respondent Authorities, instead of assailing the communication through the medium of this petition, which would otherwise cause delay if the respondents are
directed to file their response and then to consider the matter by this court.
6. Having regard to the aforesaid factual situation of the matter, this Court is of the considered opinion that the petitioner may apply afresh for grant of passport and the respondents shall consider the grant thereof, in accordance with law, expeditiously. The writ petition is thus disposed of at this stage with the following directions:- (i) The petitioner shall apply afresh for grant of passport to the respondent- Passport Authorities, quoting his previous File No. at the appropriate places in the relevant forms and shall also complete all the formalities, which may be required by the respondents. (ii) The respondent- Passport Authorities are directed that, in the event of filing of fresh application for grant of passport by the petitioner, the same shall be considered, to be proceeded for issuance of Passport, in accordance with law, expeditiously, preferably within a period of eight weeks having regard to his earlier application filed way-back in the year 2023.
7. The petition is, accordingly, disposed of along with connected application(s).
(MA CHOWDHARY) JUDGE
Jammu 27.02.2026 Raj Kumar Raj Kumar 2026.03.02 14:13 I attest to the accuracy and integrity of this document