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2026 DAILYLAW 2264 (JK)

SHEIKH MOHAMMAD AHMAD ATHAR v. RAEESA BASHIR AND OTHERS (EXTERNAL AFFAIRS / PASSPORT OFFICE)

LPA/154/2026 · 2026-07-27

A, Mohd Yousuf Wani

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) CM No. 4592/2026 in LPA No. 154/2026 Sheikh Mohammad Ahmad Athar .....Applicant(s)/Petitioner(s) Through :- Mr. Bilal Ahmad Khan, Advocate v/s Raeesa Bashir and Others (External Affairs/Passport Office) .....Respondent(s) Through :- Mr. R.M. Shamsi, DSGI with Ms. Rehana Qayoom, Advocate CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) (Through virtual mode) HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE ORDER 27.07.2026 CM No. 4592/2026 & CM No. 4591/2026 1. This is an application seeking leave of the Court to challenge order and judgment dated 18.04.2026 passed by the learned Single Judge [“the Writ Court”] in WP (C) No. 802/2026 titled “Dr. Raeesa Bashir vs. UOI and Another”, whereby the Writ Court has directed the respondents-passport authorities to consider the representation of respondent no. 1 herein for grant of passport in favour of her minor child expeditiously within four week. 2. The application for seeking leave to file appeal is delayed by 31 days. 3. Be that as it may, we have considered the submissions made by learned counsel for the applicant and perused the judgment impugned. We are of the opinion that the judgment, sought to be challenged by seeking leave to file appeal, does not determine the rights of the parties. The judgment only calls upon the passport authorities to Sr. No. 09 2 consider the representation of respondent no. 1 for grant of passport in favour of her minor child. 4. The grievance of the applicant before us seems to be that he being the father of the minor child cannot be kept out of loop in the matter for grant of passport. 5. Learned counsel for the applicant submits that there is a matrimonial litigation between the applicant and respondent no. 1 and, therefore, seeking of passport in favour of the minor child is only an attempt by respondent no. 1 to take the child outside the country and away from the applicant. 6. We have given our thoughtful consideration to the contentions of Mr. Bilal Ahmad Khan, Advocate, and find that, looking to the nature of directions passed by the Writ Court, he does not have any locus to file an appeal. 7. That apart, he being the father of the minor child is well within his right to approach the passport authorities and raise his grievance. We are sure that once such grievance is raised by the applicant, the same shall be addressed on the touchstone of the law governing issuance of passport. 8. For the foregoing reasons, we are not inclined to either condone the delay or grant the leave to file the appeal. 9. Accordingly, both the applications are dismissed. Consequently, the appeal shall also stand dismissed. (Mohd. Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (A) JAMMU 27.07.2026 Manik