Ashok Prakash Mulik v. The Union Of India Thr External Affairs Ministry

by PRASHANT VILAS RANE Date:

2024.01.31 12:39:57 +0530 PRASHANT VILAS RANE 906WP1284-24.DOC PVR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1284 OF 2024 Mr. Ashok Prakash Mulik ... Petitioner vs.

The Union of India.

...Respondent

Mr. Saurabh Butala with Mr. Shubham Gangan with Siddesh Bane, for Petitioner. Ms. P. J. Gavhane, AGP for the State.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

29 JANUARY, 2024 _______________________ P.C.

1.

We have heard Mr.Butala, learned Counsel for the petitioner. The petitioner had moved an application for renewal / issuing duplicate passport of petitioner. In scrutinizing the said application, the Regional Passport Authority at Pune vide letter dated 14 December 2023 informed the petitioner of the several shortcomings which read thus:- "2. The Objection Letter is issued to you because of Criminal case(s) pending before the Court against you.

i. As per the Police Verification Report (PVR) received by this Office, court case(s) is(are) pending against you. However, you did not mention pending court case details in your passport application. You suppressed this material information in your passport application and obtained the passport by withholding information related to pending Court cases. Please note that as per the Passports Act of 1967, this amounts to the suppression of material information in the passport application.

ii. If no Court case(s) is(are) pending against you, please furnish the case clearance proof(s) such as case disposal order(s)/acquittal order(s), etc as applicable. You can send the self-attested copies of the requisite/ relevant documents either via email to pro.pune@mea.gov.in (from the REGISTERED email ID only mentioned in your passport application) OR via speed post to RPO Pune's address mentioned in this letter. 29 January, 2024

906WP1284-24.DOC iii. If no Court case(s) is(are) still pending, please visit this Office in person to explain the circumstances for suppression of material information in the passport application. Please note that walk-ins are not allowed and a prior enquiry appointment is a must before visiting the Regional Passport Office. To take the enquiry appointment for RPO Pune, please log into you account on the website https://www.passportindia.gov.in/. 3.

Please quote the passport application number mentioned in the top block of this letter for correspondence.

4.

Please note that this is a system-generated email/letter. All email replies must be sent to pro.pune@mea.gov.in only.

Regards, For Regional Passport Office, Pune."

2.

It is at this stage, the petitioner has filed the present proceedings stating that the passport authority be directed to decide the application of the petitioner.

3.

Mr. Butala submits that his client has satisfied all the queries as raised by the Regional Passport Officer and more particularly as contended in the aforesaid letter issued to the petitioner by the Regional Passport Officer. 4.

Having heard learned Counsel for the petitioner, we are of the opinion that if the petitioner has satisfied the Passport Authority in respect of the queries as raised and as noted by us above, the Passport Authority shall take into consideration such response and decide the application of the petitioner as expeditiously as possible and within a period of four weeks from today. 5.

All contentions of the parties are expressly kept open. 6.

The petition is accordingly disposed of. No costs. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 29 January, 2024