Mohammad Saifullah v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12083 of 2022 ====================================================== Mohammad Saifullah S/o Mohammad Laique Ahmad, R/o A-48/1, Near Jasola Mandir, Old Village, Jasola, Sukhdev Vihar, South Delhi, Delhi -110025 and presently resides at 486 Khan Colony Ansar Nagar, Nawada, Bihar -805110.
... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Minister of External Affairs, Patiala House, Tilak Marg, New Delhi.
2.
Regional Passport Officer, Hudco Trikoot - 3, Bhikaji Cama Place, R.K. Puram, New Delhi - 110066.
3.
Senior Superintendent (Policy) Regional Passport Office, Hudco Trikoot - 3, Bhikaji Cama Place, R.K. Puram, New Delhi -110066. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Sinha, Advocate For the UOI :
Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2023
1. The present writ petition has been filed seeking the following reliefs:- "1.A) A writ in the nature of Certiorari or any other appropriate writs, order/s direction/s quashing the following:
(i) Order dated 31.03.2022 passed by Respondent No. 3 by way of which the Respondent No. 3 has impounded the Passport of the Petitioner under Section 10(3)(b) of the passport Act, 1967.
(B) A writ in the nature of mandamus or any other appropriate writ/s, order/s direction/s for the following reliefs:
(i) To direct the Respondent Authorities to
Patna High Court CWJC No.12083 of 2022(4) dt.01-08-2023 2/3 release the Passport of the Petitioner at the earliest.
(ii) To allow the Petitioner to travel abroad during the pendency of this Writ Petition.
(iii) To restrain the respondent authorities, from giving effect to the order dated 31.03.2022 issued by the Respondents till disposal of the instant Writ Petition."
2. The learned counsel appearing for the respondents has referred to the counter affidavit, filed online, a copy whereof has been produced before this Court and has been taken on record, wherein in paragraph No.10, it has been stated as follows:- "10. That on receipt of the present petition, the matter is re-examined and it has been decided by the competent authority that the above said impounding order shall be withdrawn by this office. However, this office will reserve his right to initiate action on passport of the petitioner under section 10(3)(e) with due procedures, if attracts same, after ascertaining the status of F.I.R. from the above said agency."
3. In view of the aforesaid, the learned counsel for the petitioner submits that a time frame be stipulated for withdrawing the impounding order.
4. Having regard to the facts and circumstances of the
Patna High Court CWJC No.12083 of 2022(4) dt.01-08-2023 3/3 case and considering the admission of the respondents to the effect that they are going to withdraw the impounding order, I direct the respondents to do the needful, as aforesaid, within a period of one week from today.
5. The present writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/- U