IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56925 OF 2013 (GM-PASS) BETWEEN:
SRI A.K.MUTHAPPA S/O A.S.KALAPPA AGED ABOUT 52 YEARS R/AT BALLAMAVUTI VILLAGE & POST MADIKERI TALUK KODAGU DISTRICT … PETITIONER (BY MR.T.A.KARUMBAIAH, ADV.) AND:
1. THE UNION OF INDIA DEPARTMENT OF MINISTRY OF EXTERNAL AFFAIRS NEW DELHI 2. THE REGIONAL PASSPORT OFFICER 8TH BLOCK, 80 FT ROAD, KORAMANGALA BANGALORE-560 095 3. THE PASSPORT OFFICER REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FT ROAD KORAMANGALA BANGALORE-560 095 … RESPONDENTS (BY MR.NAVEEN CHANDRASHEKAR, CENTRAL GOVERNMENT COUNSEL) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F THE COMMUNICATION DATED:01.08.2012 ISSUED BY THE R-3 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.T.A.Karumbaiah, learned counsel for the petitioner.
None for the respondents.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. learned counsel for the petitioner seeks quashment of the communication dated 01.08.2012 issued by respondent No.3 by which respondent No.3 has refused to issue the passport to the petitioner on the ground that a criminal case is pending against the petitioner.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the criminal case was ended in acquittal and therefore, he be granted liberty to file a fresh application along with a copy of the aforesaid judgment and respondent No.3 be directed to consider the application afresh and in accordance with law.
5. In view of the submissions made and in the facts of the case, the petition is disposed of with a liberty to the petitioner that in case, the petitioner files an application along with a copy of the judgment within a period of three weeks from the date of receipt of certified copy of the order passed today, the respondent No.3 shall pass an order afresh on the application which may be submitted by the petitioner for issuance of passport in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS