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2026 DAILYLAW 957 (JK)

IBRA KHAN v. UNION OF INDIA (MINISTRY OF EXTERNAL AFFAIRS) AND OTHERS

WP(C)/894/2026 · 2026-05-06

Wasim Sadiq Nargal

Writ Petition (Civil)body2026

Judgment text

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S.No.164 Supp. Case List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 894/2026 CM(2339/2026) IBRA KHAN …Petitioner(s)/Appellant(s). Through: Mr. Salih Pirzada, Advocate with Ms. Syed Ainain Qadri & Mr. Ahmad Basaud, Advocates Vs. UNION OF INDIA (MINISTRY OF EXTERNAL AFFAIRS) AND OTHERS ...Respondent(s). Through: Mr. T.M. Shamsi, DSGI with Mr. Faizan Ahmad Ganai, CGC & Ms. Shagufta Maqbool, Advocate for R-1 &2 CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 06.05.2026 1. The record reveals that when the matter was taken up before this Court on 04.05.2026, this Court deemed it appropriate to seek instructions in the matter, as the Court was prima facie satisfied that the notices impugned in the petition appeared to have been issued without due application of mind and were not in consonance with law. In the aforesaid backdrop, Mr. T.M. Shamsi, learned DSGI appearing on behalf of respondents 1 and 2, was directed to obtain instructions in the matter in the first instance by the next date of hearing. 2. Today, when the matter was taken up for consideration, Mr. T.M. Shamsi, learned DSGI, produced a copy of order dated 04.05.2026, a perusal whereof reveals that since the petitioner had failed to respond to the show cause notice within the stipulated period and had also not surrendered the aforesaid passport, therefore, in the absence of any satisfactory response from the petitioner, the Passport Authority, in terms of Schedule-I of the Passport Rules, 2000 read with Section 2(c) of the Passport Act, 1967, impounded Passport No. C3626165 dated 11.10.2024 issued in favour of the petitioner under Section 10(3)(g) of the Passport Act, 1967. 3. It is further evident from the aforesaid order dated 04.05.2026 that in case the petitioner is aggrieved of the aforesaid order of impounding of passport, he may prefer an appeal before the Appellate Authority, i.e., the Joint Secretary (PSP) and Chief Passport Officer, Ministry of External Affairs, Patiala House, New Delhi, within a period of 30 days from the date of issuance of the order, under Section 11 of the Passport Act, 1967. Copy of the order is taken on record in open Court. 4. Learned counsel for the petitioner, when confronted with the aforesaid position, seeks permission of this Court to withdraw the present petition, with liberty to avail appropriate remedy under law. 5. Permission is granted. Accordingly, the writ petition along with connected CM(s) shall stand dismissed as withdrawn, with liberty as prayed for. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 06-05-2026 Mubashir