Anuranjan Kumar Yadav v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18993 of 2013 =========================================================== Anuranjan Kumar Yadav S/O Shiv Kumar @ Shiv Shankar Yadav @ Shankar Yadav Resident Of Village Jana Pansalla Maghaul Bhoja, P.S- Cheriya Bariyarpur, District- Begusarai.

.... .... Petitioner/s

Versus

1. The Union of India through the Cabinet Secretary, Govt. Of Bihar, New Delhi.

2. The Secretary, Ministry Of External Affairs, Govt. Of India, New Delhi.

3. The Regional Passport Officer, Regional Passport Office, Mourya Lok Complex, D. Block, Patna.

4. The State Of Bihar, Through the Chief Secretary, Govt. Of Bihar, Patna.

5. The Director General of Police, Govt.Of Bihar, Patna.

6. The Superintendent of Police, Begusarai.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. DURGESH NANDAN Mrs. Manisha Prakash For the Union of India Mrs. Kanak Verma For the State Respondent nos. 4 to 6 Mr. Shashi Shankar Pd. Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 17-08-2016 Heard both sides.

Claiming himself as Anuranjan Kumar Yadav, son of Shiv Kumar @ Shiv Shankar Yadav @ Shankar Yadav, an application for issue of passport was made by the petitioner wherein relevant papers were submitted. Subsequently, it is stated, again an application was filed in new format before the respondentRegional Passport Officer. It was stated that there is no criminal case pending against the petitioner. Since the respondent did not issue the passport, the present writ petition is filed.

In the counter affidavit filed on behalf of the respondent, it has been stated that in course of police verification it was reported that the petitioner is an

Patna High Court CWJC No.18993 of 2013 dt.17-08-2016 2/2 accused in a case lodged in 2002 in which he has been cited as Anuranjan Kumar Yadav @ Ram Murti Yadav, son of Shiv Shankar Yadav. Referring to the provision contained in section 6 (2)-F of the Passport Act, 1967, it has been urged that the respondent lawfully did not issue the passport inasmuch as the case was closed. However, if the petitioner applies afresh, the same shall be examined/considered in accordance with law.

Diverse submissions have been advanced by the petitioner that he is not known by any alias name. This is a matter which cannot be examined by this Court as it would require appreciation of diverse materials. In my view, the petitioner should get his status clarified before the authority and thereafter approach the respondent-Regional Passport Officer afresh for issue of the passport. If any such application is filed afresh, the same shall be examined by the respondent-Regional Passport Officer in accordance with law. The writ petition stands disposed of.

(Kishore Kumar Mandal, J) HR/- U