Deepak Madhavrao Mankar v. The Union Of India Ministry Of External Affairs And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9214 OF 2023 Deepak Madhavrao Mankar, ] Age : 65 yrs., Occ.: Business, ] R/o. Flat No.6, Jalsa Apartment, ] CTS No.121/2F, Plot No.91/2, ] Prabhat Road, Pune City 411 004.

] .. Petitioner

Versus

1. The Union of India, ] Through the Principal Secretary, ] Ministry of External Affairs, New Delhi.

]

2. The Regional Passport Officer, ] Regional Passport Office, Passport Bhawan, ] Sr. No.5/2/2, Baner-Pashan Link Road, ] Baner, Pune - 411 045.

]

3. The State of Maharashtra, ] Through the Secretary, ] Home Department, Mantralaya, ] Fort, Mumbai - 400 032.

] .. Respondents Mr. Suyash Nitin Khose, with Mr. Abhishek Nandimath, Mr. Pushkar Durge and Mr. Siddharth Sutaria, for the Petitioner.

Mr. Kedar B. Dighe for Respondent Nos.1 and 2. CORAM : A.S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ DATE : 20 TH DECEMBER, 2023.

ORAL JUDGMENT : { Per A.S. Chandurkar, J. } 1.

RULE. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties.

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2.

The petitioner is aggrieved by the non-renewal of his passport. It is submitted by learned counsel for the petitioner that despite submitting copies of various orders passed by the Courts, where criminal proceedings are pending against the petitioner, his request for renewal of the passport is not being entertained.

3.

In the reply filed on behalf of the Passport Authority, a reference is made to the communications dated 22 nd February 2023 and 1 st May 2023, wherein the petitioner has been called upon to submit original copies of all Court orders / No Objection Certificates with regard to the pending cases as well as an undertaking as per GSR 570(E) to enable consideration of his request for renewal of the passport.

4.

Having heard the learned counsel for the parties and having perused the documents on record, we find that in accordance with Notification dated 25 th August 1993, the Passport Authority has called upon the petitioner to submit original copies of all Court orders. Since we find from the record that the petitioner has been granted an NOC to seek renewal of the passport, subject to the petitioner furnishing certified copies of the said orders by which the No Objection Certificate has been granted to renew the passport, the request for renewal of the petitioner's passport can be considered. 5.

Accordingly, the following order is passed :- Subject to the petitioner complying with the requirements 2/3

indicated in the communication dated 1 st May 2023 and submitting certified copies of the Court orders, instead of original copies, coupled with the undertaking as per GSR 570(E), the Passport Authority shall consider petitioner's application for renewal of the passport.

6.

With the aforesaid directions, the Rule is disposed of. [ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ] 3/3