Gourab Kumar Saha v. Regional Passport Office, Delhi & ANR.

$~1 (SB) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13350/2022, CM APPL.

40587/2022, 43722/2022, 54450/2022 & 31102/2023 GOURAB KUMAR SAHA ..... Petitioner Through:

Dr. Amit George, Mr. Dhiraj Philip, Mr. Manish Gandhi, Mr. Febin, Mr.

Rayadurgam Bharat, Advocates versus REGIONAL PASSPORT OFFICE, DELHI & ANR.

..... Respondents Through:

Ms. Nidhi Raman, CGSC with Mr, Zubin Singh, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 16.01.2024 1.

This hearing has been done through hybrid mode. 2.

The present petition was filed by the Petitioner challenging the show cause notice dated 16th August, 2022 issued by the Respondent No.1Regional Passport Office Delhi in respect of the Passport No.Z6616566 issued to the Petitioner on 3rd February, 2022. It is the case of the Petitioner that the Respondent No.1 has erroneously presumed that the Petitioner is a Bangladeshi national holding a Bangladeshi passport. It is the Petitioner's grievance that his citizenship application was not being decided for the last several years.

3.

This Court has substantially heard the present petition on various dates:

●5th January, 2023;

●6th March, 2023;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

●26th May, 2023;

●18th August, 2023;

●11th September, 2023, and ●18th December, 2023 4.

Vide order dated 6th March, 2023, this Court allowed the Petitioner to implead SDM, Karol Bagh as a Respondent in the present suit and allowed an amendment to the petition to also challenge the revocation of the Passport of the Petitioner. On the said date, a counter affidavit dated 3rd March 2023 was also perused by the Court which stated that the SDM Karol Bagh had received the application of the Petitioner on 1st December 2014 for registering him as a citizen of India under Section 5(1)(f) of the Citizenship Act, 1955 read with Rule 8(1)(a) of the Citizenship Rules, 2009 and that the said application was forwarded to the Home/Passport Department of GNCTD. Thereafter, on 18th August, 2023, this Court directed the GNCTD to place on record a status report in respect of the Petitioner's application and the decision, if any, taken thereupon.

5.

Vide order dated 11th September, 2023, it was recorded that the Petitioner's application was pending before the District Magistrate (Central) for onward submission to the Home Department, GNCTD. Finally, on the last date of hearing, it was recorded that the Petitioner's citizenship application was rejected on account of an adverse IB Report dated 12th October, 2023. Consequently, Ms. Raman, ld. CGSC was directed to obtain instructions as to the nature of the said IB Report and it was directed that the report, be placed before the Court in a sealed cover. 6.

Today, the said IB report has been presented to the Court in a sealed cover. The Court has perused the sealed cover which has been handed over The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by Mr. Naveen Chikara, Senior Assistant, Home Department, GNCTD. The objections communicated by IB has also been perused. 7.

In the overall facts, it is clear that the citizenship application of the Petitioner has been rejected vide order dated 7th November, 2023. The Petitioner would now have to avail of his remedies in accordance with law. Let the said order be communicated to the Petitioner without the report of the IB.

8.

Petition is disposed of in these terms. All pending applications are also disposed of.

9.

The sealed cover is returned to the official of the GNCTD. PRATHIBA M. SINGH, J.

JANUARY 16, 2024 Rahul/am The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.