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Punjab-Haryana High Court

Kulwant Singh vs Union Of India And Anr on 13 August, 2015

Author: Paramjeet Singh

Bench: Paramjeet Singh

                                                                                            -1-
                 CWP No.22776 of 2014


                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                        CHANDIGARH

                                                             CWP No.22776 of 2014
                                                             Date of decision: 13.08.2015

                 Kulwant Singh
                                                                                 ....Petitioner
                                                   Versus

                 Union of India and another
                                                                              ....Respondents

                 CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

                 1)             Whether Reporters of the local papers may be allowed to see
                                the judgment ?
                 2)             To be referred to the Reporters or not ?
                 3)             Whether the judgment should be reported in the Digest ?

                 Present: - Mr. Zorawar Singh Chauhan, Advocate, for the petitioner.
                            Mr. Indresh Goel, Advocate, for the respondents.
                                          *****

                 PARAMJEET SINGH, J. (ORAL)

Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for direction to the respondents to issue passport to the petitioner.

Heard.

Admittedly, the petitioner was issued passport No.B3103210 on 23.11.2000. Petitioner was to go abroad and said passport was allegedly given to Jaspal Singh, a travel agent, however, the same was not returned by the travel agent. An FIR was lodged by the petitioner but in the FIR number of the passport was not mentioned. In the reply respondents have averred that from the FIR it is not clear as to which RAVINDER SINGH 2015.08.14 15:45 I attest to the accuracy and authenticity of this document -2- CWP No.22776 of 2014 passport has been lost. Unless there is proper FIR or DDR, it cannot be presumed that a particular passport in the name of petitioner has been lost. There should be a specific DDR/FIR mentioning the number of passport.

Faced with this situation, learned counsel for the petitioner submits that petitioner will lodge fresh DDR or FIR giving particulars of his passport. He prays that passport authorities be directed to consider the case of the petitioner afresh thereafter.

In case, copy of DDR or FIR is produced before the passport authorities by the petitioner wherein the particulars/number of the passport is mentioned, the passport authorities shall consider the claim of the petitioner for issuance of fresh or duplicate passport, as may be permissible under the law.

Disposed of with above observations.





                                                                       (Paramjeet Singh)
                 August 13, 2015                                            Judge
                 R.S.




RAVINDER SINGH
2015.08.14 15:45
I attest to the accuracy and
authenticity of this document