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High Court of DelhiW.P.(C)/11882/2015

Varinder Singh v. Union Of India & ANR

2016-01-13Hon'Ble Mr. Justice Manmohan2 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11882/2015 VARINDER SINGH ..... Petitioner Through Mr.Rajiv Gupta, Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through Mr.Bhagwan Swarup Shukla, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 13.01.2016 The present writ petitioner has been filed challenging the order dated 4th December, 2015 passed by the Office of Joint Secretary (PSP) and Chief Passport Officer, Ministry of External Affairs, denying the passport facility to the petitioner for a period of five years on the ground that the petitioner had applied to the U.K. Government for asylum, which was rejected and whereafter the petitioner was deported to India.

No counter-affidavit has been filed by the respondents despite an opportunity to do so.

The matter in issue is squarely covered by a judgement of a coordinate Bench of this Court in Kulvir Singh Vs. Union of India, W.P(C) No.4574/2014 decided on 17th December, 2014. Recently, a coordinate Bench of this Court in Satnam Singh Vs. Union of India & Anr. in W.P.(C) No.1044/2015 dated 11th

December, 2015 has followed Kulvir Singh (supra). The petition thus succeeds. The impugned order dated 4th December, 2015 is set aside. The respondents are directed to, within two months from today and subject to the petitioner complying with all the requisite formalities, process the application of the petitioner for issuance of the passport and if they find the petitioner entitled thereto and grant the passport facility to the petitioner. It is clarified that the passport facility to the petitioner shall not be denied on the grounds on which it was earlier denied.

No costs.

MANMOHAN, J JANUARY 13, 2016 KA