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2025 DAILYLAW 52354 (ALL)

VIKESHWAR YADAV v. UNION OF INDIA AND 3 OTHERS

WRIC/13799/2025 · 2025-05-04

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71675-DB Court No. - 39 Case :- WRIT - C No. - 13799 of 2025 Petitioner :- Vikeshwar Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- A.S.G.I.,Anil Kumar Rai,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr. Munna Tiwari, learned advocate appears on behalf of petitioner and submits, his client is presently in Seoul, South Korea. His passport expired on 9th October, 2024. He had applied for renewal of the passport. He draws attention to disclosure at page 11 being information furnished by Consular Section of Consul Wing, Embassy of India, Seoul on account details for deposit of renewal fees. Renewed passport has not yet been issued. He seeks direction upon the authority. 2. On query, Mr. Tiwari submits, his client was issued the passport from Regional Passport Office, Gorakhpur. Hence, his client has cause of action arisen within territorial limits, over which this Court exercises writ jurisdiction. 3. Mr. Anil Kumar Rai, learned advocate, Central Government Counsel appears on behalf of Union of India. Mr Fuzail Ahmad Ansari, learned advocate, Standing Counsel on behalf of respondent no. 4. He submits, petitioner had earlier filed Writ-C no. 36109 of 2024, disposed of by order dated 5th November, 2024 for the same cause. On query, Mr Tiwari submits, passport has not yet been issued. 4. Direction made by Co-ordinate Bench on order dated 5th November, 2024 disposing of petitioner earlier writ petition seeking issuance of renewed passport has not yet been complied with. In effect this writ petition, is for direction to ensure compliance. 5. Petitioner duly applied to the Embassy. The Embassy furnishing information regarding deposit of fees gives rise to presumption that it had no adverse information regarding petitioner's passport. Petitioner says, he is still in Seoul. In the circumstances, petitioner's fresh application for renewal of passport stands covered by view taken in paragraphs 21 and 27 of order dated 19th January, 2024 of co-ordinate Bench in a batch of writ petitions, leading case being Writ-C no. 41540 of 2023 (Pawan Kumar Rajbhar Vs. Union of India and two others). 6. Co-ordinate Bench in paragraph 21 of Pawan Kumar Rajbhar (supra) recorded fair statement made by learned Additional Solicitor General of India (A.S.G.I.) that there is no reason to withhold issuance, renewal or reissue of a passport. Furthermore, in paragraph 27 of the co-ordinate Bench discussed pendency of criminal case or cases or FIR registered, in which applicant, inter alia, for reissuance of passport has been mentioned as accused. There again fair statement made by learned A.S.G.I. was recorded, regarding cases where any NCR may be registered, the necessary passport may be issued, reissued, renewed, as the case may be, without any delay. No permission may be sought or required from the competent Court of criminal jurisdiction, in those cases. 7. The view as was taken by co-ordinate Bench covers petitioner's claim in the writ petition. Concerned respondent as may be respondent no.3 or any other is directed to forthwith deal with the application of petitioner, for renewal of passport in terms of Pawan Kumar Rajbhar (supra). In event the application is to be rejected, petitioner must be informed of the reasons within three weeks of communication of certified copy of this order. It goes without saying, otherwise the passport must be renewed/issued afresh within aforesaid period. 8. The writ petition is disposed of. Order Date :- 5.5.2025 PS (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad