RAJASTHAN HIGH COURT
Haji Menu Vs. Union of India & Ors. (Lohra, J.)
HON'BLE P.K. LOHRA, J.
Haji Menu
Versus
Union of India & Ors.
S.B. Civil Writ Petition No.210 of 2012, decided on 07.02.2014
¼d½ ikji= vf/kfu;e] 1967] /kkjk 5¼2½¼3½( 6¼2½ lifBr Hkkjr dk lafo/kku] vuqPNsn 21 & ikji= ;k=k nLrkostksa ls badkj djuk & badkj djus ds vk/kkj fo'okl ;ksX; gS & izR;FkhZ ds fy, ekeys ij l[rh ls cSBus dk Li"V :i ls dksbZ dkj.k ugha & miyC/k lkexzh izkFkhZ ds fuank ;ksX; pfj= dks ugha n'kkZrk gS & izkFkhZ ds fo:) ^^fgLVªh 'khV** iwoZ esa bl U;k;ky; ds fu.kZ; ls can dh tk pqdh gS vkSj mlus ikji= tkjh djus gsrq ,d ck/kk ds :i esa ekuus ds ml vk/kkj dks lekIr dj fn;k gS & ikji= izkf/kdkjh ikji= tkjh djus gsrq vkosnu i= ij dk;Zokgh djus gsrq laoS/kkfud :i ls ck/; gSA
¼in la[;k 13 o 14½
(b) Constitution of India, Art. 226 — Writ of Mandamus — Where a statute imposes a duty, the performance and non-performance of which is not a matter of discretion a mandamus will be granted, ordering that to be done which the statute requires to be done — Held — An order of mandamus will lies to compel public officials or a public body to perform in public duty which they have failed to perform. (Para 15)
Petition allowed.
¼[k½ Hkkjr dk lafo/kku] vuqPNsn 226 & ijekns'k fjV ;kfpdk & tgka dksbZ fo/kku drZO; vf/kjksfir djrk gS] mldh vuqikyuk ;k vuuqikyuk dksbZ foosdkf/kdkj dk fo"k; ugha gS] ijekns'k iznku fd;k tk;sxk] mls fd;s tkus dk vkns'k nsrs gq,] ftls djus dh fo/kku vis{kk djrk gS & vfHkfu/kkZfjr & ijekns'k dk vkns'k yksd vf/kdkfj;ksa ;k fdlh lkoZtfud fudk; dks yksd drZO; dh ikyuk djus gsrq ck/; dj ldsxk ftldh ikyuk djus esa os foQy jgs gSA ¼in la[;k 15½
;kfpdk Lohdkj dhA
2. The apposite facts for the purpose of this writ petition are that the petitioner applied for issuance of passport under the Passports Act, 1967 (for short, ‘Act of 1967’) and the requisite application form No.186362 was submitted on 5th May 2006. Acknowledging the receipt of the form of the petitioner, respondent No.2 assigned the same, File Reference No. A046267-2006 dated 7th of June 2006. On receipt of the application form of the petitioner, the second respondent made endeavor for verifying character and other antecedents of the petitioner in accordance with law and requisite information in this behalf was divulged to respondent No.3 & 4 respectively. The petitioner has categorically averred in the petition that in normal course application for issuance of passport is processed and finalized within six months but in his case when nothing was heard for more than a year, he sought requisite information from the website of the passport authority on 3rd of April 2007. As per information available on website, the status of the application of the petitioner was shown with the remark that police report is awaited. Immediately thereupon, as per the version of the petitioner, he submitted a representation on 3rd of April 2007. The petitioner has also placed on record letter dated 16th of February 2006 showing the report submitted by the third respondent regarding character verification for issuance of passport, which was addressed to the fourth respondent. In the report, it is indicated that in all nine cases have been registered against the petitioner from 1980 to 1995 with a clear stipulation that since last ten years the petitioner is not involved in any case. It is also clarified in the report that old cases have already been decided and no case is pending. In adherence of the report dated 16th February 2006 vide Annex. ‘G’ dated 20th February 2006, the fourth respondent issued a character certificate with the remark that petitioner has good moral character and reputation and provisions of Section 6(2) of the Act of 1967 are not attracted in his case. In his concluding remark, the fourth respondent has further made recommendation for issuance of passport to the petitioner. However, according to the petitioner, despite receipt of the requisite character verification from respondents No.3 & 4, no steps were taken by the second respondent for issuance of passport to him. The petitioner being aggrieved from the inaction on the part of the second respondent approached this Court by way of preferring a writ petition bearing S.B. Civil Writ Petition No.5961/2011. The said writ petition was rejected by the Court on the technical ground that before invoking jurisdiction of the Court the petitioner has not served a notice for demand of justice or representation to the concerned authorities. While deciding the writ petition by order dated 13th of July 2011, this Court granted liberty to the petitioner to approach this Court again if after decision of the representation of the petitioner any grievance survives. As per petitioner, after passing of the order by this Court on 13th of July 2011 a representation was submitted by him on 27th of July 2011 which was duly served on the second respondent but nothing turned out on the said representation. Ventilating his grievances against the total apathy of the respondents, the petitioner has averred in the petition that after waiting for three months when his representation was not acknowledged in spite of completing all formalities he was left with no option but to approach this Court by way of this petition. In support of his prayer, the petitioner has stated in the writ petition that in terms of Section 6(2) of the Act of 1967 there is no impediment in issuance of passport to him. While referring to Sectio
Mrs. Maneka Gandhi vs. Union of India & Anr. ((1978) 1 SCC 248) 18
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