IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.49497 OF 2014 (GM-PASS) BETWEEN:
RISHIKA FABIAN, D/O B FABIAN VINCENT & SUDHA LAXMI T, AGED ABOUT 10 YEARS, RESIDING AT AD 9-140, SFS 407, 4TH PHASE, YELAHANKA NEW TOWN, BANGALORE-560064.
REPRESENTED BY HER MOTHER AND GUARDIAN SUDHA LAXMI.T. … PETITIONER (BY SRI T.N.RAGHUPATHY, ADV. FOR SRI S.SHAKER SHETTY, ADV.) AND:
1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NORTH BLOCK, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.
2. REGIONAL PASSPOAR OFFICE, PASSPORT SEVAKENDRA, PRESTIGE LIBRA, NO.45, LALBAGH ROAD, NEAR URVASHI THEATRE, BANGALORE -560 027.
REPRESENTED BY ITS REGIONAL PASSPORT OFFICER.
3. B.FABIAN VINCENT, S/O THOMAS GEORGE VINCENT, AGED ABOUT 42 YEARS, RESIDING AT NO.204, ELM WOODS, PIMPLE SAUDAGAR, NEAR GOVIND GARDENS, PUNE-401 027.
(BY SRI C.SHASHIKANTHA, ASG FOR R1 AND 2 SRI ARJUN REGO, ADV. FOR R3 ABSENT) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO ISSUE A PASSPORT TO THE PETITIONER IN RESPECT OF FILE NO.BN1067807852914 SUBJECT TO COMPLIANCE OF THE PRE-REQUISITES WITHOUT INSISTING NO OBJECTION OR CONSENT LETTER FROM THE R-3 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.T.N.Raghupathy for Mr.S.Shaker Shetty, learned counsel for the petitioner.
Mr.C.Shashikantha, learned Assistant Solicitor General for respondent Nos.1 and 2.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following relief:
To issue a writ of mandamus or such other writ of like nature thereby directing the respondent No.2 to issue a passport to the petitioner in respect of File No.BN1067807852914 subject to compliance of the pre-requisites without insisting no objection or consent letter from the respondent No.3 and further be pleased to pass an order as to costs of the writ petition with such other relief or reliefs as this Hon’ble Court deems fit in the circumstances of the case.
4. After hearing learned counsel for the parties and in the facts of the case, the petition is disposed of with a direction that in case the petitioner files an application for issuance of fresh passport in accordance with the extant guidelines, the same shall be duly considered and decided by the respondents expeditiously.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS