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High Court of Punjab and HaryanaCWP/9289/2024disposed of

Kishori Lal v. Union Of India And Another

2024-05-02Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH  

CWP No. 9289 of 2024 Date of Decision:02.05.2024 Kishori Lal ....Petitioner vs.

Union of India and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Brijesh Kumar, Advocate for the petitioner Ms. Saigeeta Srivastava, Senior Panel Counsel for the Union of India *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking quashing of order dated 16.02.2024 (Annexure P-12) whereby respondent No. 2 has rejected his application for re-issuance of passport with correct date of birth. 2.

Mr. Brijesh Kumar, Advocate inter alia contends that petitioner was issued show cause notice dated 12.01.2024 (Annexure P-9) and he filed reply to the same on 23.01.2024 (Annexure P-10) still respondent has passed the impugned order dated 16.02.2024 observing that petitioner has not filed reply within 10 days. The respondent has rejected application of the petitioner seeking passport.

3.

Ms. Saigeeta Shrivastava, Senior Panel Counsel for Union of India submits that as per their record, reply was not received within time, PARAMJIT KAUR SAINI 2024.05.02 04:58 I attest to the accuracy and integrity of this document

CWP No. 9289 of 2024 -2-  

thus, the impugned order came to be passed without considering response of the petitioner, nevertheless, the passport authority, if so directed by this Court, would pass a fresh order.

4.

To avoid multiplicity of the litigation and considering the fact that petitioner through speed post had sent his response to show cause notice, this Court finds it appropriate to set aside the impugned order dated 16.02.2024 and direct the respondent to pass a fresh order, considering reply dated 20.01.2024 (Annexure P-10), in accordance with law. The needful shall be done within four weeks from today. It is made clear that the fresh order shall be passed in the light of submissions made in the reply. (JAGMOHAN BANSAL) JUDGE 02.05.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.05.02 04:58 I attest to the accuracy and integrity of this document