Nilanchala Pan vs Govt Of India & Anr

Biswanath Rath, J

Heard the submissions of respective parties.

This Writ Petition involves the following relief:-

“In the facts and circumstances of the case, the petitioner respectfully prays that the Hon’ble Court may be pleased to admit this case, issue notice to the opp. Parties specifically to O.P. No.2 to show cause as to why petitioner’s application for renewal of passport under annexure-2 Dt. 14.03.2023 has not been renewed and if the opp. Parties fail to show cause or show insufficient cause, the Hon’ble Court upon hearing the parties may further be pleased to allow this Writ Petition by issuing a writ in the nature of mandamus or any other writ directing him to issue the passport immediately so as to enable the petitioner to participate in the Utkal Diwas to be celebrated on 01.04.2023 at Dubai,

And may further be pleased to pass such other order/ orders, direction/directions as may be deemed expedient in the interest of justice,”

Taking this Court to the impugned order at Annexure-5, learned counsel for Petitioner claims that there is unnecessary pendency of the application of the Petitioner for renewal of passport and in the meantime the day the Petitioner moving to abroad is running out.

Learned Central Government Counsel submits that as there has been no finality to the application of the Petitioner, this Writ Petition becomes premature.

Considering the rival contentions of the parties, going through the development through the communication vide Annexure-5 and keeping in view the prayer made herein, this Court finds, the communication vide Annexure-5 has been made to the Petitioner hardly on 21.03.2023. Looking to the communication at Annexure-5, this Court observes, Petitioner instead of approaching the Writ Court, should have visited the Regional Passport Office, Bhubaneswar to clarify the position involving the criminal case vide Koksara P.S. Case No.167 dtd.14.10.2019 U/s.341/294/323/506/34 of I.P.C and satisfy the authority as to if he is already on bail, by producing the proof of such bail order.

In the process this Court in disposal of this Writ Petition, permits the Petitioner to approach the Regional Passport Office, Bhubaneswar by Monday (27th March, 2023) along with bail order, if any, proving that he is already on bail involving the charges in the criminal case indicated hereinabove and also with an affidavit indicating that he is not involved in any other criminal case. In such event the Regional Passport Officer, Bhubaneswar shall finalize the request of the Petitioner for renewal of Passport within a period of three days thereafter also keeping in view the direction of this Court in the case of Asutosh Amrit Patnaik Vrs. State of Orissa & Ors. in W.P.(C) No.4834 of 2022.

Issue urgent certified copy on proper application.

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