Ajaypal Singh v. Union Of India And ORS.

CWP-29839-2024 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (114) CWP-29839-2024 Date of decision:- 06.11.2024 Ajaypal Singh ... Petitioner

Versus

Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Umesh Aggarwal, Advocate for the petitioner.

**** SUVIR SEHGAL, J. (ORAL) 1.

By way of instant petition, petitioner has approached this Court under Article 226 of the Constitution of India inter-alia for issuance of a writ in the nature of mandamus directing the respondents to consider his application dated 11.03.2024, Annexure P-1, whereby he had applied for issuance of a fresh passport.

2.

Counsel for the petitioner submits that subsequent to the submission of the application, Annexure P-1, petitioner appeared before the authorities and submitted all the requisite documents, however, his application is still pending. He submits that as per the information collected by the petitioner through online portal, status of the application, Annexure P-1, has been shown as "police verification report is not clear and application is under review at passport office". KAMAL SHARMA 2024.11.07 17:19 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh.

CWP-29839-2024 -23.

Advance copy of the petition has been served upon the respondents.

4.

Ms. Monica Chawla, Advocate has put in appearance on behalf of respondents No.1 and 3 and Ms. Amrita Garg, AAG, Punjab has put in appearance on behalf of respondent No.2. Counsel for respondents No.1 and 3 submits that by communication dated 31.07.2024, some clarification has been sought from the Commissioner of Police, Amritsar, which has not been received.

5.

Be that as it may, application for issuance of passport cannot be kept pending for months together. Merely addressing of a communication by one department to another is no justification for not deciding the application, Annexure P-1.

6.

Keeping in view the mandate of Section 5 of the Passports Act, 1967, writ petition is disposed of with a direction to the Regional Passport Officer, Amritsar-respondent No.3 to finally decide the application, Annexure P-1, within a period of three months from the date of communication of a copy of this order. In case, respondent No.3 finds that the application has to be rejected, it shall pass an order assigning reasons for rejection.

(SUVIR SEHGAL) JUDGE 06.11.2024 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2024.11.07 17:19 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh.