Pinky Kumar vs Union of India and Another

Ajay Kumar Mittal, J.—The petitioner by way of present petition filed under Articles 226/227 of the Constitution of India is praying for issuance of a writ of mandamus seeking directions to the respondents to issue passport to the petitioner. The facts as narrated in the petition are that the petitioner was born on 20.07.1996 and was adopted by Sh. Dev Raj son of Niranjan Dass resident of HIG 777-B, Phase-9, SAS Nagar, Mohali, and his wife namely Smt. Savitri Devi vide registered adoption deed dated 03.08.2009. The petitioner on 15.01.2012 applied for passport with the respondents. When the passport was not being issued to the petitioner, a legal notice dated 25.02.2012 was served upon the respondents by the petitioner. In response thereto, the Regional Passport Officer vide Annexure P-8 informed the petitioner that he was required to see the Regional Passport Officer on any working day between 9.30 a.m. to 12.30 p.m. along with the adoption deed and other relevant documents. There is nothing on record to show that thereafter the petitioner had approached the Regional Passport Officer and has produced the adoption deed except for an averment made in Para 7 of the petition that the petitioner had visited the office of the Regional Passport Officer on 20.03.2012.

Under such circumstances, the present petition is dismissed being premature at this stage. However, it shall be open to the petitioner to approach the Regional Passport Officer and supply the required documents, if so, advised.