High Court of DelhiW.P.(C)/9156/2015

Mohit Gupta (Minor Son) v. Regional Passport Office, Govt. Of India, Ministry Of External Affairs

2017-02-17Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice Vinod Goel2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9156/2015 MOHIT GUPTA (MINOR SON) ..... Petitioner Through Mr. K. Venkatraman, Advocate versus REGIONAL PASSPORT OFFICE, GOVT. OF INDIA, MINISTRY OF EXTERNAL AFFAIRS ..... Respondents Through Mr. Sanjeev Uniyal, Advocate for the UOI.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 17.02.2017 Petitioner has approached this Court by filing the present writ petition. The following prayers have been made:

"(a) Issue appropriate writ/order setting aside the impugned decision bearing no.OBJ/304245294/15 (FILE No.DL2068878150015) dt.

03.08.2015 issued by respondent as legally untenable being in violation of principles of natural justice, equity and fair play; and (b) Issue a Writ of Mandamus or any other appropriate writ directing the respondent to forthwith process the passport application of the petitioner bearing file No.OBJ/304245294/15 (FILE No.DL2068878150015) without insisting on including the name of his biological father and to proceed further in regard to the issuance of the passport by using the name of non biological father i.e. Rajkumar Gupta in the passport or alternatively without prejudice Writ of Mandamus be issued to the respondent to include the name of Sh. Rajkumar Gupta as legal guardian in the passport application of the petitioner under the column of name of father/legal guardian and process the passport application of Mr. Mohit Gupta accordingly on expeditious basis."

During the pendency of the writ petition, the passport authorities have changed the rules and as per the new rules, there is no requirement of filling up the names of both the parents. The objective seems to be that even a single parent can apply for a passport, especially in those cases where the child has been abandoned by one parent. Having regard to the fact that the rules stand changed, learned counsel for the petitioner submits that no further orders are required to be passed on this petition as the petition has become infructuous. He submits that he would make a fresh application, as per the amended rules. The petition stands disposed of as having become infructuous. CM.APPL 20863/2015 also stands disposed of.

G.S.SISTANI, J VINOD GOEL, J FEBRUARY 17, 2017 pst / W.P.(C) 9156/2015 2/2