Anil Kumar Tripathi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1074 of 2016 =========================================================== Anil Kumar Tripathi son of Sri Kamla Kant Tripathi, Resident of MohallaChatradhari Bazar, South of Jail, P.S.- Bhagwan Bazar, Dist.- Saran. .... .... Petitioner

Versus

1. The Union of India through the Secretary, Ministry of External Affairs, New Delhi.

2. The Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Patna.

3. The Superintendent Inquiry, Regional Passport office, Patna D-Block, Maurya Lok Complex, Patna- 800001.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Alok Choudhary, Advocate For the Union India : Mr. S.D SANJAY (ADDL. SOC. GEN.) Mr. Tuhin Shankar, CGC =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 05-07-2016 Heard the parties.

Petitioner though has applied for grant of passport that has not been issued.

A counter affidavit has been filed raising several grounds as to why the petitioner should not be granted passport chiefly due to his involvement in a criminal case and also suppression of the aforesaid fact before the Passport Officer.

The petitioner has also tried to explain as to why that was not relevant for that purpose.

Be that as it may, since both the parties admit that there is a

Patna High Court CWJC No.1074 of 2016 dt.05-07-2016 provision of appeal under the provisions of section 11 of the Passport Act, a final decision is required to be taken which should be reasoned one either granting or refusing the passport in accordance with law, as that has admittedly not been done.

In my view, the Regional Passport Officer should take up this matter and take a final decision on its own merit and in accordance with law which should be reasoned and speaking one and communicate it to the petitioner immediately. It is expected that the whole exercise would be completed within a period of two months from the date of receipt/production of a copy of this order.

Accordingly, this application stands disposed of. (Dr. Ravi Ranjan, J) SC/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11-07-2016 Transmission Date NA