Patna High CourtCWJC/6415/2017disposed

Harendra Chauhan @ Harendra Noniya v. The State Of Bihar And ORS

2018-05-30Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6415 of 2017 ====================================================== Harendra Chauhan @ Harendra Noniya son of Sukai Noniya @ Sukai Chauhan Resident of Village Goshaika Bare, Chaubey Tola, P.S. Husepur, P.S. - Bore, Dist. - Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Home Special Department, Bihar, Patna.

2. The Union of India, through the Secretary, Ministry of Home Affairs, New Delhi.

3. The Superintendent of Police, Gopalganj.

4. The Regional Passport Officer, Regional Office, D - Block Mauryalok Complex, Patna.

5. The Superintendent Passport Office, Patna.

6. The Officer In-Charge, Bore Police Station. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Hirdey Prasad, Adv. Mr. Rajesh Kumar, Adv.

For the Respondent/s : Mr. Prabhat Kumar Verma,AAG3 Mr. Saroj Kumar Sharma, AC to AAG-3 For UOI : Mr. Ravindra Kumar Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 30-05-2018 Heard Mr. Ram Hirdey Prasad, learned counsel for the petitioner, Mr. Saroj Kumar Sharma, learned AC to AAG-3 and learned counsel for the Union of India.

The writ petition has been filed seeking a writ in the nature of mandamus to command the authorities of the Regional Passport Office to renew the passport of the petitioner. A counter affidavit is filed contesting the claim, inter alia, on grounds of pending criminal cases against the petitioner as manifest from paragraphs 9 to 13 of the writ petition. However,

Patna High Court CWJC No.6415 of 2017 (3) dt.30-05-2018 even while raising such objection, the Regional Passport Officer at paragraph 19 has stated that in case the petitioner would apply afresh and the police verification report goes in his favour, his claim would be considered.

Mr. Ram Hirdey Prasad, learned counsel for the petitioner, informs that the petitioner has since been acquitted in the pending criminal case.

In view of the position explained by the Regional Passport Officer with the assurance present at paragraph 19, no further direction needs to be issued and it is for the petitioner to apply afresh and come clear in the police verification. The writ petition is disposed of.

(Jyoti Saran, J) Surendra/- U