Allada Pooma Satya Gowri Shankar, v. Union Of India,
THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION NO.10956 OF 2015 ORDER:
Heard learned counsel for the petitioner, Sri B.Narayana Reddy, Assistant Solicitor General and Government Pleader for Home. The petitioner challenges letter bearing No.SCN/302393827/15 dated 18.02.2015 by the second respondent as arbitrary, illegal and without jurisdiction.
On 17.04.2015, the Court granted time to second respondent to place his reply, if any. At the request of learned Assistant Solicitor General, the Writ Petition underwent adjournment on 21.04.2015 and 23.04.2015. At the request of learned Assistant Solicitor General further time is granted till date to place on record the decision taken by the second respondent, thus today the Writ Petition stands for consideration.
At the time of hearing, learned counsel appearing for second respondent places before the Court communication dated 23.04.2015 addressed to the petitioner. The communication is taken on file and for comprehensive understanding the relevant portion is excerpted. Subject: Passport facilities to Mr. Purna Satya Gowri Shankar Allada - reg.
Please refer to your response dated 28/02/2015 to our Show Cause Notice No.SCN/302393827/15 dated Feb. 18, 2015. Your response has been found to be satisfactory. Therefore, the process of impounding of your passport bearing No.F5991174 has been stopped.
However, you are required to submit an undertaking to the undersigned in the enclosed proforma.
You are further advised to attend the Court proceedings without fail.
From the above, it is clear that the second respondent, on being satisfied with the bona fides/explanation given by the petitioner, has dropped further action pursuant to the notice impugned in the Writ Petition. By placing on record the development, the Writ Petition could be closed. But at the time of hearing, it is brought to the notice of the
Court that the second respondent has communicated the issuance of notice for impounding the Passport to all the concerned including the Embassy of United States of America and such communication is likely to prejudice unless appropriate follow up decision on the notice is communicated on him. As notice dated 18.02.2015 is dropped, it is but necessary for the second respondent to forthwith communicate to all the concerned that the proposed action through notice dated 18.02.2015 is already dropped. The said exercise shall be completed on or before 25.04.2015.
The learned Government Pleader for Home, on instructions from third respondent, places on record the written instructions dated 23.04.2015. The same is taken on record as well. The instructions indicate that for the present, the respondent intends to follow the orders of the competent Court.
The Writ Petition is ordered as indicated above. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
____________ (S.V.BHATT, J) 24th April 2015 RRB