BHARAT KUMAR DESAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a travel agent. According to him, some time in 1980 Passport Department granted him recognition and issued identity card. He was thereby authorised to process the application of his customers for passport. Some time in 1986, guidelines were formulated for granting such recognition to travel agent. One of the conditions was such agent must have a premises either owned or on rental basis admeasuring 250 sq. meters. Since the petitioner could not comply this, his recognition was discontinued by the impugned order dated 27.1.1987.

(2.) The learned counsel Shri Telly argued before is that he was having the recognition since 1980 and as such the fresh condition should not have been imposed. He was merely seeking recognition and, therefore, he sought the indulgence of this Court under Article 226 of the Constitution of India.

(3.) We have repeatedly asked the learned counsel in relation to the provisions which has permitted the passport authorities to grant such recognition. What is revealed during the course of arguments is that the scheme of granting such recognition is not statutory or supported by any law. It was s domestic arrangement between the travel agency and Passport authorities. As such, the petitioner has not acquired any legitimate right. Restrictions, in case, if any, brought by the guidelines and grievance thereof therefore cannot be redressed in this petition under Article 226 of the Constitution of India. We, therefore, dismiss the petition. Rule is discharged.