Union Of India And Others v. Mukhtiar Singh

Letters Patent Appeal No. 1819 of 2015 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Letters Patent Appeal No. 1819 of 2015 (O&M) Date of Decision: 22.12.2015 Union of India and others ..Appellants versus Mukhtiar Singh ..Respondent

CORAM:

HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL

Present:

Mr. Indresh Goel, Advocate, for the appellants. RAJIVE BHALLA, J CM No.3924-LPA of 2015 Allowed as prayed.

CM No.3925-LPA of 2015 Prayer in this application is to condone delay of 19 days in filing the appeal.

Heard.

For reasons stated in the application and arguments addressed, the application is allowed and delay of 19 days in filing the appeal is condoned.

LPA No. 1819 of 2015 The appellant challenges order dated 12.10.2015 passed by the learned Single Bench allowing the writ petition filed by the respondent.

Counsel for the Union of India submits that the right to KUMAR VIRENDER 2016.01.06 15:30 I attest to the accuracy and authenticity of this docunt High Court Chandigarh

Letters Patent Appeal No. 1819 of 2015 (O&M) 2 issue a passport vests with the Passport Office. A perusal of documents filed by the respondent reveals that they are replete with contradictions. The Passport Officer was, therefore, justified in raising questions to satisfy himself about the adoption of the minor child but the writ petition has been allowed by holding that the objections are frivolous.

We have heard counsel for the appellants but are not inclined to grant any relief. The respondent, who is the grand-father of Harkirat Singh, applied for issuance of a passport to Harkirat Singh on the ground that he has adopted Harkirat Singh, by way of registered adoption deed dated 29.4.2008. The appellants do not deny the relationship or the execution of the adoption deed which is, even otherwise, not under challenge, much less by the parents of the minor. The appellants have, as held by the learned Single Judge, raised frivolous objections regarding entries in the ration card etc. The appellants have, therefore, been rightly directed to issue a passport. The appeal is entirely misplaced.

Consequently, finding no merit, the appeal is dismissed. ( RAJIVE BHALLA ) JUDGE ( REKHA MITTAL ) 22.12.2015 JUDGE VK KUMAR VIRENDER 2016.01.06 15:30 I attest to the accuracy and authenticity of this docunt High Court Chandigarh