Calcutta High Court (Appellete Side)
Sri Jagjit Singh vs Union Of India & Ors on 13 August, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
In The High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No.16365(W) of 2010
Sri Jagjit Singh
-vs-
Union of India & Ors.
Mr. Aniruddha Chatterjee
Mr. Syed Nurul Arefin ....for the petitioner
Mr. Uttam Kumar Majumder
Mr. Debasish Kundu ....for the Union of India
Heard on : August 13, 2010
Judgment on : August 13, 2010
The Court : The petitioner in this art.226 petition dated July 30, 2010 is
alleging that his application for passport under s.5 of the Passports Act, 1967
has not been disposed of by the passport authority in terms of provisions of sub-
s.(2) of s.5.
Mr. Chatterjee, counsel for the petitioner, submits that the passport
authority was under a statutory obligation to dispose of the petitioner's
application for passport by an order in writing either issuing the passport or
refusing to issue the passport. His submission is that the passport authority
could not sit tight over the matter.
Mr. Majumdar, counsel for the respondents, submits that he has received
relevant records which will show that for good reasons the passport authority did not make any order. He says that if this Court orders, then the passport authority will make the order appropriately dealing with the petitioner's application for passport within the time specified by the Court.
2The application was made as back as April 3, 2008. No amount of reason could empower or entitle the passport authority not to make an order in terms of the provisions of s.5(2) of the Passports Act, 1967. He was under an unqualified statutory duty to dispose of the application by an order in writing either issuing the passport or refusing to issue the passport. In my opinion, the petitioner's allegation of inaction is quite justified.
For these reasons, I dispose of the petition ordering as follows. The passport authority shall make the order in terms of s.5(2) of the Passports Act, 1967 within four weeks from the date of communication of this order and take steps in terms of s.5(3) of the Act regarding communication of the order to the petitioner. No costs. Certified xerox.
(Jayanta Kumar Biswas, J.) sb