IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27408 OF 2017 (GM-PASS) BETWEEN:
NIMMY MAHESH W/O MAHESH B.S.
AGED ABOUT 40 YEARS, R/AT FLAT NO. 303, BLOCK-B, GARUDADRI SPRING APARTMENT NO.26/27, NANJAPPA LAYOUT J.C.INDUSTRIAL AREA KANAKAPURA ROAD BENGALURU - 560 062 … PETITIONER (BY SMT. LAKSHMI IYENGAR AND ASSOCIATES, ADV) AND:
1. UNION OF INDIA REPRESENTED BY ITS REGIONAL OFFICER REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FEET ROAD, KORAMANAGALA, BENGALURU - 560 095.
2. SRI MAHESH B.S. S/O SUBBA RAO AGED 39 YEARS, R/A 37159, S.WOODBRIDGE CIR APARTMENT - 101 WESTLAND, MI 48185 UNITED STATES OF AMERICA … RESPONDENTS (V/O DATED 6.3.2018, CAPTAIN ARAVIND SHARMA, ADVOCATE ACCEPTS NOTICE ON BEHALF OF C.SHASHIKANTH, CGC FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO IMPOUND THE PASSPORT OF R-1, AND DIRECT TO TAKE STEPS TO EXTRADITE THE R-2 TO INDIA FROM THE UNITED STATES OF AMERICA AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioner inter alia seeks for a direction to respondent No.1 to impound the passport of respondent No.2.
2. With regard to the relief of impounding the passport, the petitioner is granted a liberty to submit a fresh representation to the passport officer. Needless to state that in case such a representation is filed within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be dealt with by the passport officer in accordance with law by a speaking order within a period of six weeks from the date of receipt of such a representation.
3. It is further directed that with regard to the relief claimed for extradite condition, since the passport officer has no jurisdiction, relief cannot be granted. Needless to state that petitioner is granted a liberty to take recourse to such remedy as may be available to him under law with regard to the second grievance.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-