ABID HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER a citizen of India and State subject of State of Jammu and Kashmir, applied for issuance of Passport to respondent No. 2, which authority after applying its mind in accordance with the provisions of Passport Act, 1967, issued passport in favour of the petitioner bearing No. E 8449130. Passport was issued on 20th July, 2004 and its date of expiry was recorded as 19th July, 2014. However before the expiry period of the passport, the respondent No. 2 impounded the same, which order as it is claimed was never served on the petitioner.

(2.) THE petitioners' mother and brother have already been issued passports after the same was issued in favour of the petitioner. This fact is not denied by the respondents. The passports of mother and brother of the petitioner have not been impounded, which fact also has not been disputed by the respondents. The respondent No. 2 in his objections has stated that verification report which was sent by the State Police Authorities to respondent No. 2 and which became basis for issuance of passport was subsequently withdraw and it is for this reason passport of the petitioner has been impounded.

(3.) LEARNED counsel for the petitioner submitted that before issuing order of impounding the passport of the petitioner, no notice was issued to him. Learned counsel further submitted that petitioner has passed post graduation and is married person having children and is resident of District Rajouri. Learned counsel further submitted that the family of the petitioner got separated in the wake of partition of the country. Learned counsel further submitted that the passport has been illegally impounded by respondent No. 2. Learned counsel in support of his contention referred to the judgment of this Court reported in 2010 (2) SLJ 751.