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Patna High CourtMJC/294/2025consigned

Kumari Akriti v. Sri Animesh Kumar Parashar Patna Municipal Corporation Through Town Commissioner P.M.C.

2025-09-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.294 of 2025 In Civil Writ Jurisdiction Case No.11460 of 2019 ====================================================== Kumari Akriti Daughter of Kumar Nagendra, Flat No. B-3, Block-A, Bhoti Devi Apartment, Aya Nagar, South West Delhi-110047. ... ... Petitioner/s

Versus

1.

Sri Animesh Kumar Parashar Patna Municipal Corporation through Town Commissioner P.M.C. Patna.

2.

Dr. Jeba Nahid Registrar, Birth and Death, P.M.C. Patna. 3.

Union of India through Smt. Swadha Rizvi, Regional Passport Officer Patna, 2nd and 3rd Floor, D-Block Maurya Lok Complex, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the U.O.I.

:

Mr. Kumar Ganesh Gunjan, C.G.C.

For the P.M.C.

:

Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-09-2025 Heard Mr. Pramod Kumar Sinha, learned counsel appearing on behalf of the petitioner; Mr. Kumar Ganesh Gunjan, learned C.G.C. for the Union of India and Mr. Sanjay Prakash Verma, learned counsel for the Patna Municipal Corporation.

2. Learned counsel appearing on behalf of the petitioner submitted that though the petitioner had not impleaded the Passport Officer as party respondent in CWJC No. 11460 of 2019 but the Passport Officer is duty bound to comply with the order as direction was issued to him by this Court vide order dated 22.11.2023 passed in CWJC No. 11460

Patna High Court MJC No.294 of 2025(4) dt.19-09-2025 2/3 of 2019.

3. Per contra, Learned counsel appearing on behalf of the Union of India informs that the petitioner had already applied for issuance of passport at Delhi, which fact he has supressed at the time of passing of order dated 22.11.2023. The respondent was directed to follow instructions and circulars issued from time to time, particularly, Circular No. VI/401/2/5/2001 dated 16.11.2015, 13/01/2016 and 22/09/2016 and OM No. VI/405/04/18/2017 dated 19.05.2020.

4. Heard the parties.

5. Specific statement has been made in paragraphs no. 14, 15, 16 and 17 of the show-cause filed on behalf of the opposite party no. 3, which are as follows:

"14. That it is humbly submitted that the petitioner has not come before this Hon'ble Court with clean hands as she violated the provisions of Passport Act by applying for her passport in two different Regional Passport Office one at Patna Regional Passport Office and during pendency of the writ application at Delhi Regional Passport Office with suppression of facts and information that she applied at Patna Regional Passport Office.

15. That it is humbly submitted and stated that during the processing of the file no. PA1070167298424 dated-25.09.2024, it was found that her passport application was pending in RPO, Delhi where she had applied for passport on 08.06.2023 while the writ petition filed by the petitioner was pending before the Hon'ble High Court. Her passport application was closed on 04.07.2024 by RPO, Delhi as she had applied under fresh category suppressing the previous passports issued from RPO, Patna. It may be noted that Section 12(1) (b) of the Passport Act, which stipulates that "whoever knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act shall be punishable with

Patna High Court MJC No.294 of 2025(4) dt.19-09-2025 3/3 imprisonment for a term which may extend to (two years or with fine which may extend to five thousand rupees) or with both."

16. That a show cause notice dated 03.10.2024 issued to the petitioner by the office of the Deponent to visit this office and to submit cancellation of previous 2 birth certificates and to submit clarification regarding suppression of previous file DL3068052378823 at RPO, Delhi. The petitioner had neither responded against the Show Cause Notice till date nor submitted cancellation of previous 2 Birth Certificates. Therefore, her passport application is pending in the office of deponent in absence of response on the part of the petitioner, as well as, clarification for suppression of the application in RPO, Delhi.

17. That office of the deponent never refused to issue a passport to the petitioner in compliance with the order of Hon'ble Court. The petitioner was only asked to follow the procedure prescribed for change of date of birth vide MEA's instructions and circular no. VI/401/2/5/2001 dated 26/11/2015, 13/01/2016 and 22/09/2016 and OM No. VI/405/04/18/2017 dated 19/05/2020."

6. In view of the recorded informations, no contempt is made out.

7. Accordingly, the present contempt petition is consigned.

(Purnendu Singh, J) Niraj/- U