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Orissa High CourtWP(C)/26143/2021disposed off

Akankshya Sahoo v. Union Of India

2022-12-14Mr. Justice Biswanath Rath3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.26143 OF 2021 Akankshya Sahoo ....

Petitioner Mr.A.Mishra, Adv.

-versusUnion of India & anr.

....

Opposite Party(s) Mr.P.K.Parhi, DSGI

CORAM:

JUSTICE BISWANATH RATH

ORDER

14.12.2022 02.

1.

Heard learned counsel for the Parties.

Order No.

2.

Taking this Court to the pleading and the development taking place through the Date of Birth appearing in the Board Certificate on expiry of the previous Passport, it appears, the Petitioner has a fresh Application for grant of fresh Passport on the material support through the document appended herein also including the Board Certificate involved herein. The Application submitted by the Petitioner claiming to be still pending. Perusal of the document at Annexure-1 at Page-9, it clearly appears, the Passport Application was submitted on 2.9.2020. There is submission of the learned counsel for the Petitioner that there is no

// 2 // action by the Passport Authority as of now compelling the Petitioner to approach by submitting a representation, vide Annexure-4 since 5.8.2021. It is submitted, there is no showing of any development on the request of the Petitioner involving grant of fresh Passport dependent on the fresh material revealed in the meantime. 3.

In his response, Mr.Parhi, learned Deputy Solicitor General of India appearing for the Union of India on written instruction submitted, in the meantime the Petitioner has been communicated by communication dated 18.11.2020 asking the Petitioner to provide proof of change in the Date of Birth. Mr.Parhi states, for the Petitioner not responding, there has been further issuing of communication to the Petitioner by way of a reminder on 2.9.2021. It is further alleged, for the Petitioner not responding to the Authority in spite of two communications, the Authority is unable to take decision on the Application of the Petitioner and it is a case for want of information and cooperation from the side of the Petitioner. 4.

In response to the above allegation, learned counsel for the Petitioner submitted, his Client has never received any such communication.

5.

Be that as it may, for pendency of such Application, this Court directs O.P.2, Regional Passport Officer, Bhubaneswar, to

// 3 // supply a copy of the communication dated 2.9.2020 to the Petitioner. On production of a copy of this order on O.P.2 on 20.12.2022, the Petitioner undertakes to respond to the call of O.P.2 at least within a period of seven days thereafter by submitting necessary proof. Based on communication to be communicated to the Petitioner and response of the Petitioner, O.P.2 is directed to give final outcome to the pending Application of the Petitioner by working out within further seven days.

6.

The Writ Petition stands disposed of accordingly. (Biswanath Rath) Judge M.K.Rout