FARJAND ALI Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present petition has been filed by the petitioner for quashing the impugned order dated 02.09.2011 passed by the respondent no.2, by which the petitioner has been asked to submit his explanation and to handover his passport in the Passport Office, Dehradun within 15 days of the date of issue of the order.

(3.) Learned counsel for the petitioner submitted that reason for passing such order, as shown in the letter, is that there are some criminal cases pending against the petitioner in the Court of C.J.M. Rudrapur, Udham Singh Nagar. He submitted that after receiving the order dated 02.09.2011, the petitioner submitted his explanation before the Passport Officer on 20.09.2011, in which he stated that on 13.06.2011, he has deposited his Passport with Haj Committee, Dehradun as he has been chosen for Haj Yatra for which he has deposited the whole amount for the journey. He submitted that the petitioner is scheduled to go for Haj on 10.10.2011 and after returning from Haj, he will deposit his passport in the Passport Office. Learned counsel for the petitioner submitted that departure for Haj is fixed for 10th October, 2011 and his arrival in India is fixed for 25th November, 2011. He prayed that in these circumstances, direction may be issued to the respondent no.2 to pass appropriate order on the representation filed by the petitioner at the earliest, so that he may perform his journey.