Abdul Rashid Dar v. Union of India (Rto) Srinagar and Anr

ORDER

30.05.2025

¶1In the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought the following relief:- "Writ, order or direction in the nature of Mandamus commanding the respondents 1 and 2 to issue passport in favour of the petitioner without any further delay."

¶2From the perusal of the record, it transpires that this Court vide Order dated 7th May ,2025, keeping in view the urgency expressed by learned counsel for the petitioner, granted last and final opportunity of two weeks to the respondents for filing response. It was made that in case of failure on the part of respondents to do so, right to file the same shall stand closed.

¶3Today, when the case was taken up, Ms Rekha Wangnoo, learned GA, vice Mr. Mohsin Qadiri, Sr. AAG, appearing for respondent no. 2 has produced a Communication issued by the Additional Director General, CID, J&K, Jammu, a perusal whereof reveals that there is nothing adverse against the petitioner and the report of the Criminal Investigation Department in this regard has already been forwarded to the Regional Passport Officer, Srinagar. Learned counsel for the respondent no. 2 submits that whatever

was required to be done on the part of Criminal Investigation Department has already been done and now it within the domain of respondent no. 1 to take a call on the report of the Criminal Investigation Department. She, accordingly, assures this Court that since the report has now been received from the Criminal Investigation Department, the decision with regard to issuance of passport in favour of the petitioner shall be taken within a period of four weeks from today strictly in conformity with the Passport Act and the rules framed thereunder. A copy of communication produced by learned counsel for the respondent no. 2 is taken on record.

¶4Thus, in the light assurance extended by learned counsel for the respondent no. 2 to the effect that the report has already been submitted by the Criminal Investigation Department favouring the petitioner and decision in the matter is required to be taken by the respondent 1, no fruitful purpose would be served to keep the instant petition pending before this Court.

¶5Accordingly, with the consent of learned counsel for the parties as also in the light of the assurance extended by learned counsel for the respondent no. 2, the instant petition is disposed of with a direction to the respondent no. 1 to take a decision with regard to the issuance of passport in favour of the petitioner strictly in conformity with the provisions of Passport Act and the rules framed thereunder within a period of four weeks from today keeping in view the report submitted by the Criminal Investigation Department . The decision which is likely to be taken in the matter shall be conveyed to the petitioner as well.

¶6Disposed of in the aforesaid terms.

(WASIM SADIQ NARGAL)

JUDGE

SRINAGAR:

30.05.2025 "Shamim Dar"

Serial No. 25 Regular List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 848/2025 Abdul Rashid Dar …Petitioner(s) Through: Mr. Shahrukh Dar, Advocate Vs. Union of India and Anr. ...Respondent(s) Through: Ms. Shugufta, Adv, vice Mr. T.M.Shamsi, DSGI, for 1 Ms. Rekha Wangnoo, GA, vice Mohsin Qadiri, SR. AAG, for 2 CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.