LAWS(J&K)-2021-3-116

GULSHAN NAZIR Vs. UNION OF INDIA

Decided On March 29, 2021
Gulshan Nazir Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The precise case of the petitioner is that she, on 14th of December, 2020, submitted an application for issuance of passport in her favour before the respondent No.4/Passport Officer, Regional Passport Office, Boulward Road, Srinagar, against proper receipt under file No.SG1075060973220. It is contended that, as per circular instructions issued, in this behalf, by the Ministry of External Affairs, Government of India, the passport of an individual is required to be issued within 30 days from the date of receipt of application, but despite lapse of more than three months, no passport was issued in favour of the petitioner. The petitioner, upon enquiry from the official Website pertaining to issuance of Passport maintained by the Ministry of External Affairs, Government of India, claims to have come to know about the status of her application for seeking passport in her favour as under:

(2.) When this matter was taken up for consideration on the very motion hearing, viz. 8th of March, 2021, Mr Tahir Majid Shamsi, the learned Assistant Solicitor General of India (ASGI), while entering appearance and on behalf of respondents 1 and 4, submitted that the respondent No.4-Passport Officer, Regional Passport Office, Srinagar, has already sought information from the Additional Director General of Police (CID), J&K/ respondent No.3, in terms of communication No. POSK/Court/2021 (77&78)/100-02 dated 3rd of March, 2021. Besides, Mr B. A. Dar, the learned Senior Additional Advocate General, who appeared in the matter on behalf of respondents 2, 3 and 5, was directed to expedite the Police Verification Report. Thereafter, the matter was listed on 23rd of March, 2021, on which date, Mr Dar, learned Senior Additional Advocate General, while appearing on behalf of respondents 2, 3 and 5, submitted that the Reply filed on behalf of respondent No.3 be treated as Reply on behalf of respondents 2 and 5 as well. This submission of the learned Senior Additional Advocate General was acceded to and the Reply filed by respondent No.3 was treated as reply for and on behalf of Respondents 2 and 5 as well.

(3.) Today, when the matter came up for consideration, Mr Shamsi, the learned Assistant Solicitor General of India (ASGI), at the very outset, has produced communication No. POSK/Court/2021/(77&78)/154-57 dated 26th of March, 2021, issued by the Passport Officer, Srinagar/ respondent No.4, wherein it has been stated as under: