S. No. 100 Suppl. list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 651/2024 BASHIR AHMAD KHAN AND ANR. …Petitioner/Appellant Through: Mr. Nisar Ahmad, Advocate Vs. UNION OF INDIA AND ORS. (EXTERNAL AFFAIRS) ...Respondent(s) Through: Mr. T.M. Shamsi, DSGI with Mr. Faizan Ganie, Assisting Counsel Ms. Sufaiya, Advocate CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 10.04.2025 1. This writ petition was instituted on 27.03.2024 whereby the petitioners intended issuance of a writ of mandamus unto the respondent No. 3 in particular for clearing the petitioners’ case for issuance of passport and consequently to forward the same to the respondent No. 2 for enabling the issuance of passport in favour of the petitioners. 2. The writ petition came to be replied by the respondent No. 3, i.e. Additional Director General of Police, CID, Jammu and Kashmir with respect to whom the principal prayer is first addressed. 3. During the pendency of the writ petition, intervening developments are said to have taken place with respect to which the petitioners have come forward with an application CM 8324/2024 seeking amendment of the writ petition whereby the petitioners intend to seek quashment of an adverse order dated 16.05.2024 passed by the respondent No. 2 i.e., Regional Passport Officer, Kashmir, Srinagar. 4. This Court is of the view that application for amendment of the writ petition would not suffice the purpose as such the petitioners are at liberty to seek withdrawal of the writ petition so as to come with a fresh writ petition in order to attend to the subsequent events rather than amending the original writ petition. 5. Mr. T.M. Shamsi, learned DSGI submits that even the fresh writ petition by the petitioners may not be maintainable in view of the availability of the appellate remedy at the disposal of the petitioners under section 11 of the Passports Act, 1967. 6. This is a call to be taken by the petitioners either to avail appellate remedy under the Passports Act 1967 or to approach this court with a writ petition by meeting out the hurdle as to why the appellate remedy under the Passports Act 1967 is being intended to be avoided by them, and therefore, this Court leaves it for the petitioners to exercise their better discretion and come up with the fresh writ petition or avail the appellate remedy as the case may be. 7. Dismissed as withdrawn with liberty granted. (RAHUL BHARTI) JUDGE SRINAGAR 10.04.2025. BISMA