Md. Khaja Mohinuddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3073 of 2019 ORDER:

Heard.

2.

This Writ Petition is filed alleging that crime No.32/2019 is registered in Khanapuram Haveli Police Station, Khammam District, against respondents 4 and 5 and there is a likelihood of respondents 4 and 5 leaving the country and therefore the petitioner seeks a direction to seize the passport of respondents 4 and 5.

3.

The issuance of passport and its seizure, cancellation and suspension are all governed by Passport Act, 1967. Section 10 of the said Act vests discretion on the competent authority to impound/revoke the passport of an individual if it comes to the notice of the competent authority that adverse action is pending against the person in whose favour the passport is issued. So far petitioner has not filed any complaint requesting to impound the passport of respondents 4 and 5 nor he requested the Police to seize the passport of respondents 4 and 5 and straight away filed this Writ Petition.

4.

In view of availability of alternative remedy and having regard to the discretion vested under Section 10 of the Passport Act, 1967, this Court is not inclined to entertain the Writ Petition and grant any relief to the petitioner.

5.

Leaving it open to the petitioner to work out alternative remedies available under law, this Writ Petition is dismissed.

6.

Miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. _____________________ P.NAVEEN RAO, J 18th February, 2019.

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