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2011 DIGILAW 1794 (PAT)

Pramod Kumar Sharma v. Union of India

2011-08-25

JYOTI SARAN

body2011
ORDER Heard Mr. Naresh Prasad No.1, learned counsel appearing on behalf of the petitioner, Mr. Gopesh Kumar, learned Central Government Counsel appearing for the respondent nos.1 and 2 and Mr. Manager Sao, learned Assisting Counsel to S.C.21 for the State. 2. The writ petition has been filed seeking directions to the respondent authorities of the State Government and the Union of India including the Superintendent of Police, Gopalganj and the Passport Officer, Mourya Lok Complex, Patna to the ensure issuance of the passport of the petitioner. 3. It is the contention of the petitioner that despite completion of all the formalities, the respondent Passport Officer, Patna on one pretext or the other, has denied the issuance of the passport. 4. It is not in dispute that an application was filed on behalf of the petitioner for issuance of passport on 2.9.2009 and pursuant whereto, a police verification also took place copy whereof is placed at Annexure-4 to the writ petition verifying the identity and residence of the petitioner. However, in view of the absence of entry in Part-B of the report requiring the Officer-in-Charge of the Barauli Police Station, Gopalganj, to furnish information as to whether the petitioner was involved in any of anti national activity affecting the unity and security of the country, a second report was asked for, from the Superintendent of Police, Gopalganj and which also has since been forwarded on 21.7.2008 (Annexure-A to the counter affidavit), certifying in favour of the petitioner. 5. Despite the aforesaid position, the respondent Passport Officer, Patna has refused to issue the passport to the petitioner and this time the objection is that although in the second report, the name and address was verified but as the petitioner was not present, hence his photograph could not be verified. The petitioner being aggrieved has filed the present writ petition. 6. A counter affidavit has been filed on behalf of the respondent nos.1 and 2 accepting the position aforesaid. Another counter affidavit has also been filed by the Officer-in-charge of Barauli police Station affirming the physical verification of the petitioner at his residence. 7. The petitioner being aggrieved has filed the present writ petition. 6. A counter affidavit has been filed on behalf of the respondent nos.1 and 2 accepting the position aforesaid. Another counter affidavit has also been filed by the Officer-in-charge of Barauli police Station affirming the physical verification of the petitioner at his residence. 7. Having heard learned counsel appearing on behalf of the parties and having considered the materials available on record of the proceedings, this court fails to appreciate the circumstances under which the issuance of the passport to the petitioner has been delayed unnecessarily specially in the circumstances that his identify stood verified in the first report and the lacuna in Part-B of the first report (Annexure-4) stood complied and fulfilled by the second report, copy whereof is placed at Annexure-A dated 21.7.2008. 8. In view of two reports as contained in Annexure-4 to the writ petition and Annexure A to the counter affidavit filed on behalf of the respondent nos.1 and 2 and sworn by the Superintendent, Passport Office, Patna, there should not have been any impediment in the issuance of the passport of the petitioner. The affidavit of the Officer-in-charge, Barauli Police Station filed in the present proceeding further dispels any doubts and supports the case of the petitioner. 9. That being the position, the respondent no.2 the Passport Officer, Patna is directed to issue the passport of the petitioner within a period of three months from the date of receipt/production of a copy of this order. 10. The writ petition is allowed.