WP(C)/3456/2023 of JAVAID AHMAD BHAT Vs UNION OF INDIA AND ORS. (EXTERNAL AFFAIRS) on 30 December 2023

1. Learned counsel for the petitioner has submitted that the petitioner was holding valid passport bearing No. S0207516 with its validity up to 3[rd]April 2028 but unfortunately he lost it. In this regard, the petitioner is stated to have given public notice in newspaper but despite best efforts, he could not retrieve the original passport. It has been submitted that the petitioner has thereafter applied for fresh passport but the respondents are not issuing a fresh passport in his favour.

2. Issue notice to the respondents.

3. Mr. T M Shamshi, learned DSGI enters appearance and accepts notice on behalf of respondent No. 1 and 4. behalf of respondent No. 1 and 4.

4. Heard and considered.

5. It is a case of the petitioner that he had applied for grant of passport in his favour, as he had lost his passport. Instead of filing application for issuance of fresh passport, the proper course for the petitioner was to apply for duplicate passport, which it seems that he has not done his favour, as he had lost his passport. Instead of filing application for issuance of fresh passport, the proper course for the petitioner was to apply for duplicate passport, which it seems that he has not done

6. Learned counsel for the petitioner has submitted that the petitioner would like to withdraw the writ petition but he may be given liberty to file application before the passport authority for issuance of duplicate passport in his favour. like to withdraw the writ petition but he may be given liberty to file application before the passport authority for issuance of duplicate passport in his favour.

7. In view of the above, the writ petition is disposed of with liberty to the petitioner to apply for issuance of duplicate passport in his favour. In case, the petitioner makes application for issuance of duplicate passport with the respondent Passport Authority and in case he withdraws the application for issuance of fresh passport, the respondent Passport Authority shall consider the application for issuance of duplicate passport expeditiously preferably within a period of one month from the date the petitioner applies before the Authority. The consideration to the application of the petitioner shall be accorded in the light of the law and guidelines holding the field. petitioner to apply for issuance of duplicate passport in his favour. In case, the petitioner makes application for issuance of duplicate passport with the respondent Passport Authority and in case he withdraws the application for issuance of fresh passport, the respondent Passport Authority shall consider the application for issuance of duplicate passport expeditiously preferably within a period of one month from the date the petitioner applies before the Authority. The consideration to the application of the petitioner shall be accorded in the light of the law and guidelines holding the field.

8. Disposed of as above along with connected CM

SRINAGAR30.12.2023Aasif

(Sanjay Dhar) Judge