Hardip Kaur v. Union Of India And Others

105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13044 of 2024 Date of Decision:29.05.2024 Hardip Kaur ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Amit Dhawan, Advocate for the petitioner Mr. Ashutosh Dhankar, Advocate for the Union of India Mr. Aman Dhir, DAG, Punjab *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226 read with Article 227 of the Constitution of India is seeking direction to respondents No. 1 and 2 to issue her passport. 2.

The petitioner vide application dated 01.09.2023 has applied for passport. The respondents have not issued her passport because they are of the opinion that Passport No. P-550847 dated 27.05.1993 was issued in her name and she should submit said passport.

3.

Mr. Amit Dhawan, Advocate submits that it is a case of impersonation. The petitioner never applied for passport in 1993 and it appears that another lady impersonated as Hardip Kaur and got issued PARAMJIT KAUR SAINI 2024.05.29 03:33 I attest to the accuracy and integrity of this document

CWP No.13044 of 2024 -2passport. The petitioner has preferred complaint before police authorities as well as passport officer. Her claim cannot be denied on account of impersonation on the part of anyone or lapse on the part of authorities. 4.

Notice of motion.

5.

Mr. Ashutosh Dhankar, Central Government Counsel for Union of India and Mr. Aman Dhir, DAG, Punjab, who on advance notice are present in Court, accept notice and waive service. 6.

With the consent of both sides, the petition is taken up for final disposal today itself.

7.

Mr. Aman Dhir, DAG, Punjab submits that police has recommended for passport and it is upto the passport authority to decide her application.

8.

Mr. Ashutosh Dhankar, Advocate submits that if petitioner files an affidavit in support of her averments, the competent authority would enquire or get enquired the matter and thereafter pass an appropriate order. 9.

Counsel for the petitioner agrees to the aforesaid arrangement. 10.

In the wake of statement of both sides, the petition stands disposed of. The respondent-passport authority shall conclude the matter within six months from the date of filing of affidavit by the petitioner. (JAGMOHAN BANSAL) JUDGE 29.05.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.05.29 03:33 I attest to the accuracy and integrity of this document