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2026 DAILYLAW 521 (JK)

MUHAMMAD QURESHI v. UNION OF INDIA AND OTHERS (EXTERNAL AFFAIRS)

WP(C)/256/2026 · 2026-02-13

Mohd Yousuf Wani

Writ Petition (Civil)body2026

Judgment text

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Serial No. 117 Supp. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) No. 256/2026 MUHAMMAD QURESHI ……...Petitioner(s) Through: Ms. Suwaiba, Adv. Versus UNION OF INDIA AND ORS. .……Respondent(s) Through: Ms. Rehana Qayoom, Adv. for Rs. 1 and 3 vice Mr. T. M. Shamsi, DSGI Mr. Furqan Sofi, GA for R. 2 CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 13.02.2026 1. Ms. Rehana Qayoom, learned counsel appearing vice Mr. T. M. Shamsi, learned DSGI accepts notice in the matter for respondents 1 and 3. 2. Mr. Furqan Sofi, learned GA also appears in the matter and accepts notice for respondent No. 2. 3. Heard the learned counsel for the petitioner in respect of the case. 4. The case of the petitioner in nutshell is that he was earlier issued passport bearing No. P1712246 by the office of the respondent No. 3 which remained valid till 10.04.2022. That the said earlier passport was issued in his favour when he was a minor and the particulars recorded therein came to be furnished at that time by his guardian/parents. That his name came to be recorded as “Mohammad Bin Tariq” and his date of birth as 27.04.2004 in the aforesaid earlier passport. That after his attaining majority, he could found upon verification and authentication of his testimonials that his particulars as to name and date of birth recorded in the earlier passport were not correct pursuant to which he applied to the office of the respondent No. 3 for issuance of fresh passport. That he in support of his correct particulars regarding his name and date of birth furnished the copy of his birth certificate issued by the Srinagar Municipal Corporation. That the office of the respondent No. 3 has slept over the matter and has not been re-issuing his passport despite his complying with all the requisite formalities. That he has got no other alternative efficacious remedy except to approach this court through the medium of the instant writ petition. 5. The learned counsel for the respondents 1 and 3 however, submitted that the consideration of the issuance of passport or re-issuance of the same is made only after the verification of character and antecedents of an applicant is received from the office of the respondent No. 2. He submitted that the application of the petitioner shall be addressed in accordance with the law governing the field as and when all the requisite information/data is received by the office of the respondent No. 3. 6. In the facts and circumstances of the case, this Court is of the opinion that it may meet the ends of justice, in case the matter is decided at this threshold stage by passing of appropriate directions, the action under which is otherwise the statutory/official obligation of the respondents. 7. The earlier passport in favour of the petitioner came to be issued during his minority and he has a right to get the correct particulars in respect of his name and date of birth incorporated in the passport. He appears to have accordingly applied to the office of the respondent No. 3 for re-issuance of his passport with the incorporation of the correct particulars of his name and date of birth in the same, which is reported to be pending disposal since January this year. 8. The instant petition is accordingly disposed of at this stage with the direction to the respondent No. 3 i.e., Regional Passport Officer, Srinagar Kashmir, to address the application of the petitioner for re-issuance of passport in his favour with the mention of the correct particulars as regards his name and date of birth in the same after verification of the supporting documents. The respondent No. 2 is accordingly directed to expedite the process of verification as regards the character and antecedents of the petitioner so that the requisite report is forwarded to the office of the respondent No. 3 at an earliest for the purposes of re-issuance of the passport in favour of the petitioner. 9. The respondents shall do the needful within a period of six weeks from the date copies of this order are left at their offices. 10. Disposed of. 11. (MOHD YOUSUF WANI) JUDGE Srinagar 13.02.2026 Sakeena-PS