IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
SANGHE TENPA LAMA – PETITIONER
Versus
UNION OF INDIA & ORS - RESPONDENTS
W.P.(C) 4483 of 2017
Decided On : 26-05-2017
Passport - Surrender of Identity Certificate - The court directed the petitioner to surrender the identity certificate with the regional passport office within 10 days and allowed the petitioner to make an application for surrender of identity certificate along with an application for issuance of a fresh passport.
Fact of the Case:
The petitioner sought a direction to the respondent to accept surrender of the identity certificate issued to the petitioner and for issuance of an Indian passport.
Finding of the Court:
The court directed the petitioner to surrender the identity certificate within 10 days and allowed the petitioner to make an application for issuance of a fresh passport, clarifying that possession of multiple identity certificates should not be a ground to refuse the passport.
Issues: Surrender of identity certificate and issuance of Indian passport.
Ratio Decidendi: The court emphasized that the issuance of a fresh passport should not be refused based on the possession of multiple identity certificates, and directed the respondent to process the application in accordance with the Passport Act, 1967 and related rules.
Final Decision: The writ petition was disposed of with directions for surrendering the identity certificate and making an application for a fresh passport, with the respondent being directed to consider the application in accordance with the law and issue the passport expeditiously.
SANJEEV SACHDEVA, J.
1. The petitioner by the present petition seeks a direction to respondent to accept surrender of the identity certificate issued to the petitioner and for issuance of an Indian passport.
2. Learned counsel for the respondent submits that on the petitioner’s approaching the concerned passport office for surrender of the identity card and makes an application for issuance of the passport, the application would be processed in accordance with law and a passport would be issued provided the petitioner satisfies the requirement of the Passport Act, 1967 read with Passport Manuals 2016 and the Rules framed thereunder.
3. Learned counsel for the respondent submits that if the petitioner makes an application for surrender of identify card along with fresh application for issuance passport disclosing the number of identity certificates, the respondent shall consider the same in accordance with law.
4. In view of the above, the writ petition is disposed of directing the petitioner to surrender the identity certificate with the regional passport office within 10 days. The petitioner thereafter shall be also be at liberty to make an application for surrender of identity certificate along with an application for issuance of fresh passport disclosing the number of identity certificates. On such an application being filed, the respondent shall consider the same in accordance with law.
5. It is clarified that the petitioner may possess as many identity certificates as per rule and issuance of fresh passport could not be a ground to refuse the passport to the petitioner. The respondent shall issue a passport as expeditiously as possible preferably within a period of four weeks, subject to petitioner’s satisfying the terms and conditions as well as the requirement of Passport Act, 1967 read with Passport Manuals 2016 and the Rules framed thereunder.
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