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1962 Supreme(Online)(Gau) 2

TRIPURA HIGH COURT
T. N. R. Tirumalpad, J. C.
Subodh Chandra Das Gupta v. Union Territory of Tripura
C. M. (WP) No. 17 of 1959



Advocates:
For the Appellants/Petitioners: None
For the Respondents: None

Writ applications under Article 226 must be filed separately when addressing distinct claims, even if common legal questions arise.

Headnote:(A) Article 226 of the Constitution of India - Constitution - Seizure and Cancellation of Passports - Joint application seeking declaration of seizure and cancellation of Passports as illegal and unconstitutional, as it violates fundamental rights and natural justice. (Paras 1-34)

(B) Procedure - In Writ proceedings under Art.226, joint applications for separate claims are impermissible, necessitating separate petitions. The validity of Passports and authority of the District Magistrate are distinct claims and must be filed individually, even if they involve common questions of law. (Paras 8-15)

Facts of the case:
The petitioners challenged the seizure and cancellation of their Passports by the District Magistrate, arguing lack of authority and violation of rights. They were merchants with valid Passports, crucial for their business between India and Pakistan.

Findings of Court:
The District Magistrate acted without authority in seizing and cancelling the Passports; however, the application was dismissed as the confirmation of cancellation by Government of India rendered the petition moot.

Issues: Whether joint application under Article 226 is maintainable for separate claims and the authority of the District Magistrate in cancellation of Passports.

Ratio Decidendi: Writ applications must be filed separately for distinct claims; joint proceedings are not maintainable in light of separate actions concerning each Passport. Each petitioner’s rights must be separately adjudicated, even if legal questions coincide.

Result: Application dismissed.

Table of Content
1. joint application for distinct claims is disallowed. (Para 1 , 2 , 8)
2. petitioners assert rights violated by passport's seizure. (Para 5 , 6 , 7)
3. validity of joint petitions under cpc provisions discussed. (Para 12 , 19 , 20)
4. authority of the district magistrate in seizures is questioned. (Para 24 , 26 , 28)
5. district magistrate's actions were unauthorized but remedy unavailable. (Para 30 , 34)

1. This is a joint application by three petitioners under Art.226 of the Constitution to declare that the order passed by the District Magistrate dated 25-3-1957 authorising the seizure of the two India - Pakistan Passports dated 14-11-1952 and 15-1-1957 belonging to petitioners 2 and 3 and that the seizure of the India - Pakistan Passport dated 26-3-1955 of petitioner No.1 by the Officer - in - charge of Khowai Check Post on 22-4-1954 are illegal, ultra vires, without jurisdiction and void and further to declare that the order of the District Magistrate cancelling the three aforesaid Passports of the petitioners in a letter dated 19-6-1957 written by Officer - in - charge, Passport section to the Tripura Administration is also illegal, ultra vires, unconstitutional and void. It is prayed that a Writ of Mandamus or Certiorari be issued directing the Union Territory of Tripura and the District Magistrate oi Tripura not to give effect to the said orders and to restore the said three Passports of the petitioners.

2. The respondents have taken up a preliminary objection that a joint petition by the three petitioners in respect of the three separate Passports issued to them on three separate dates for the issue of a single Writ of Mandamus to restore the said three Passports to them will not lie and that on that one ground alone this application should fail. This is an important question relating to procedure in the matter of the filing of Writ applications and it has to be decided first. The facts relating to this preliminary objection may therefore be stated.

3. The petitioners are three merchants at Khowai carrying on separate business transporting raw materials from the said place to various places via Pakistan. The town of Khowai is situated on the eastern bank of the Khowai river which is the boundary at that place between India and Pakistan. The petitioners have often to go to the Balla Railway station on the west bank of the river in Pakistan Territory for their business for the said purpose. They applied for and obtained India - Pakistan Pass - ports. The Passport of petitioner No.1 is B 263364 dated 26-3-55, of petitioner No.2 B 000187 dated 14-11-51 and of petitioner No.3, H 245371 dated 21-10-1952. They were each valid for a period of five years. The period in the case of petitioners two and three had expired in 1957 long before their petition was filed, while the period in the case of petitioner No.1 expired during ;he pendency of this petition. They also obtained what are known as E Category Visas which permit unlimited number of journeys to and from Pakistan during a period of one year from the date of issue of the Visas. Such Visas have to be issued by the Pakistan authorities on the recommendation of the District Magistrate.

4. Two months after the Visa was granted to petitioner No.1 the Officer - in - charge of Khowai Check Post seized the Passport of the petitioner No.1 on 22-4-57 and granted him a receipt for the same (Annexure - A). Again on 27-4-57 the Ofiicer - in - charge of Khowai Check Post sent letters (Annexures - B and C) to petitioners 2 and 3 to hand over their Passport within 24 hours and later on 9-5-57 he seized the said two Passports stating in the seizure list (Annexure - D) that he did so as per order of the Inspector, Passport, under the authority of the District Magistrate in his letter dated 25-3-1957.

5. Thereafter the petitioners sent three separate petitions on 9-5-57 to the District Magistrate informing him of the seizure and of the difficulties they were facing and for the retu

















































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