Back Ground of Case
- Petition under Article 226 of the Constitution has been filed by the petitioner seeking a direction in the nature of mandamus commanding the respondent no. 2-Regional Passport Officer, District Bareilly to re-issue passport to the petitioner for a period of ten years pursuant to the No Objection Certificate (NOC) dated 10.10.2024 issued by Chief Judicial Magistrate, Pilibhit as the passport was issued earlier to the petitioner for a period of one year.
Paragraph of 27 are quoted below as under
“27. In such circumstances, in our view, passport applicants, if find disposal of their applications delayed, should first reply to the notice and if they find that their application for passport has remained pending for their implication in criminal case, they should first apply for necessary no objection/sanction/approval from court concerned, police or criminal law court, as the case may be. The passport office should also not linger on their matters as there may be urgency to a passport applicant. So the concerned Regional Passport Officer in all circumstances where passport cannot be issued must inform the applicant regarding it within a month of submission of passport application and as soon as proper noobjection/sanction/approval is obtained and submitted, should dispose of passport application finally within a further period of a month. The police in cases of application submitted for passport must submit its report within four weeks without undue delay.”
- That the passport of applicant has been issued only for one year
- That the applicant approaches to the Hon’ble High Court for issuance of passport for the period of 10 yer
- Petitioner has relied the Judgment of co-ordinate bench Pawan Kumar Rajbhar vs. Union of India & 2 Others (Neutral Citation 2024:AHC:9963-DB). and Writ C No. 24699 of 2024 (Ishtiyak Khan vs. Union of India and Others).
- That the Hon’ble High Court Allahabad has heard the matter on merit and decided various issue including time period for police officer for submitting report in four weeks & regional passport authority take decision within month either allow the application and grant passport either reject the same, but having no authority or power to keep pending / undecided
- That the para 28 is quoted below
“28. In the circumstances, in the present case we do not find any justification to issue further direction at this stage to extend period of passport beyond 19.1.2026. However, a person like petitioner can repeatedly apply for renewal of passport soon after its expiry or even before, in accordance with relevant provisions of law as discussed above. Hence, liberty rests with the petitioner as above and in the event petitioner approaches the authority concerned for extension of the validity of his passport just before its expiry by following due procedure prescribed in law, the respondent no.2 shall consider the application as per the provisions of the Passport Act, 1967 as well as the Passport Rules, 1980 and notifications issued by Government of India through Ministry of External Affairs from time to time and in the light of law as discussed above.”
Conclusion
I. General Direction has been issued to police authorities to submit report within four weeks
II. All regional passport officer decide passport application within a month
III.Before expiry of passport time, extension must be be applied as per law
IV.show cause notice must be replied by application.
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34412 of 2025
Rahimuddin Vs UoI
October 10, 2025
Judgment link from High Court Official site
--> https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=12776791
https://t.me/sajjadhusainlaw/370
No comments yet. Be the first to share your thoughts!