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High Court of Punjab and HaryanaCWP/3563/2024dismissed

Jasleen Kaur @ Jasleen Kaur Brar v. Regional Passport Officer And Others

2024-05-01Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2024:PHHC:059461 CWP No. 3563 of 2024 Date of Decision:01.05.2024 Jasleen Kaur @ Jasleen Kaur Brar ....Petitioner vs.

Regional Passport Officer and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Brijeshwar Singh Bhalla, Advocate for the petitioner Ms. Shweta Nahata, Senior Panel Counsel for the Union of India *** JAGMOHAN BANSAL, J. (ORAL) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of letter dated 16.11.2023 (Annexure P-21) whereby her application for passport has been closed. 2.

This is the second round of litigation. The petitioner on the previous occasion filed CWP No.24851 of 2023 before this Court which was disposed of vide order dated 06.11.2023(Annexure P-19). The petitioner was granted liberty to file fresh application seeking passport and it was noticed in the said order that she is supposed to get adoption deed cancelled. The petitioner has filed suit before Civil Court at Baghapurana seeking declaration to the effect that adoption deed registered with Sub Registrar, Baghapurana is illegal, null and void. The said suit is still pending before Civil Court at Baghapurana. The respondents have rejected application of PARAMJIT KAUR SAINI 2024.05.01 04:25 I attest to the accuracy and integrity of this document

CWP No. 3563 of 2024 -2- 2024:PHHC:059461 the petitioner on the ground that there is difference in the spelling of parents name in different identity cards.

3.

Notice of motion.

4.

Ms. Shweta Nahata, Senior Panel Counsel for Union of India, who on advance notice is present in Court, accepts notice and waives service. She submits that respondent till date has not received order of Civil Court declaring Adoption deed null and void, thus, passport cannot be issued to her with particulars of her natural parents. 5.

Faced with this, Mr. B.S.Bhalla, Advocate, seeks permission to withdraw the instant petition, however, submits that Civil Court may be directed to decide her suit expeditiously because she is alone in India and neither her natural nor adoptive parents are in India. 6.

Dismissed as withdrawn with liberty to petitioner to move an appropriate application before Civil Court seeking expeditious disposal of her suit. This Court is sanguine of the fact that jurisdictional Court shall take care of her grievance.

(JAGMOHAN BANSAL) JUDGE 01.05.2024 paramjit Whether speaking/reasoned: Yes No Whether reportable:

Yes No PARAMJIT KAUR SAINI 2024.05.01 04:25 I attest to the accuracy and integrity of this document