[2025:RJ-JD:52289]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 21557/2025

Gurtej Singh Maan S/o Shri Kheta Singh, Aged About 61 Years, Resident Of Village 15 Ptd, Sameja Kothi, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan) Through His Power Of Attorney Holder Didar Singh Sandhu S/o Shri Niranjan Singh, Aged About 56 Years, Resident Of Chak 19 Ps, Tehsil-

Raisinghnagar, District Sri Ganganagar (Rajasthan).

----Petitioner

Versus

1. The Union Of India, Through Ministry Of External Affairs,

74-B, South Block, New Delhi Through Its Secretary.

2. The Regional Passport Officer, Regional Passport Office, J-

14, Jhalana Institutional Area, Jhalana Doongri, Jaipur-

302051 (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Yogendra Singh Chouhan.

For Respondent(s) : Dr. H.R. Rawal.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

04/12/2025

1. The instant writ petition has been filed by the petitioner with

the following prayers:

“Therefore, it is most humbly and respectfully prayed that by an appropriate writ, order or direction this Civil Writ Petition may kindly be allowed and the Respondent No. 2 may be directed to issue/renew the Passport of the Petitioner for a period of 10 years and the application filed by the Petitioner for issuance of

the Passport may kindly be allowed as prayed for.

Any other appropriate order or relief, which may serve the purpose of the present Petitioner considering the facts and circumstances of this case, may also kindly

be passed in favour of the present Petitioner.”

2. Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the judgment dated 07.12.2021, passed by the High Court of Madhya

Pradesh in the case of Hardik Shah Vs. Union of India & Ors. in Writ Petition No.5692 of 2020 (Indore).

3. Learned counsel for the respondent is in agreement with the submission made by learned counsel for the petitioner.

4. The order dated 07.12.2021 is reproduced hereinbelow:-

"1. The petitioner, a travel blogger and consultant has visited this Court for the second time against the action of Regional Passport Authority, Bhopal in not issuing a regular passport for a period of ten years and on the contrary impounding his passport in utter violation of principles of natural justice.

2. Draped in brevity, the case of the petitioner is that being a travel blogger by profession, the petitioner is required to travel around the globe. The passport was initially issued to the petitioner on 05.09.1997. The said passport was renewed for a period of ten years on 02.06.2014 and a new passport valid till

01.06.2024 was issued.

3. There was a matrimonial discord of petitioner with his wife who allegedly left matrimonial house оп 12.09.2016. The petitioner's wife took away the old passport of the petitioner with her. Petitioner filed the police complain regarding said action of his wife on 10.10.2016. Petitioner's wife also filed an F.I.R. in Crime No.729/2016 against the petitioner and his family members on 03.11.2016 alleging demand of dowry etc. The petitioner filed a petition for divorce under Section 13 of the Hindu Marriage Act which is still sub judice. The petitioner got bail in the said crime number on 26.04.2017. No condition was imposed in the bail order restricting the petitioner to travel abroad.

4. In turn, on 31.07.2017, the petitioner made an application for re-issuance of passport because his earlier passport was taken away by his wife. The petitioner also filed a petition under Section 482 of the Code of Criminal Procedure, 1973 bearing. No.8168/2019 before Allahabad High Court. On 08.03.2019, the High Court protected the petitioner, referred the matter to mediation and directed that no coercive steps shall be taken against the petitioner.

5. Shri Prateek Maheshwari, learned counsel for the petitioner submits that petitioner's wife sent an email to the Passport Authority alleging that petitioner was not attending criminal proceedings, and therefor