Sri Srivardhan Kejriwal Vs. Union of India and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1059812
CourtKolkata High Court
Decided OnJun-08-2012
JudgeDIPANKAR DATTA
AppellantSri Srivardhan Kejriwal
RespondentUnion of India and ors.
Excerpt:
order sheet in the high court at calcutta constitutional writ jurisdiction original side wp no.459 of 2012 sr.srivardhan kejriwal versus union of india & ors.before : the hon'ble justice dipankar datta ___________________________________________________________ date: june 8, 2012 ___________________________________________________________ mr.srivardhan kejriwal, appears in-person the writ petition is treated to be as on day’s list. having regard to the urgency pleaded in the writ petition, requirement of rule 26 of the writ rules in so far as service of copies of the writ petition on the respondents is dispensed with. the petitioner is the holder of a passport bearing no.g2511554. in such passport, his date of birth has been recorded as “12.09.1994”.however, he was born on “12.06.1994”.the petitioner applied for re-issuance of his passport together with a prayer for recording his correct date of birth. it is his grievance that the passport office has not disposed of his application and has 2 kept it pending with the result that he is unable to pursue higher cours.of study. it has been brought to the notice of this court that the petitioner has been selected for admission in a university in hongkong and that his visa application must reach by 15th june, 2012. i am of the considered view that the petitioner, having regard to the facts and circumstances, is entitled to an interim order. it is, accordingly, directed that the application for re-issuance of passport bearing no.12-5804559 filed online with the government of india, ministry of external affairs shall be considered and disposed of by the respondent no.2 by 11th june, 2012 positively. in the event the respondent no.2 is of the prima facie view that the petitioner’s prayer cannot be granted, in such event he shall be given an opportunity of personal hearing. if even after personal hearing afforded to the petitioner the respondent no.2 proposes to decline his prayer, a reasoned order shall be passed which shall be placed before this court on the next date of hearing. the writ petition shall be listed on 11th june, 2012 itself under the heading “court application”.3 service of copy of the writ petition along with this order shall be effected on both the respondents in cours.of this day and an affidavit of service shall be filed on the next date of hearing. all parties are to act on a signed photocopy of this order on the usual undertakings. ( dipankar datta, j. ) akgoswami
Judgment:

ORDER

SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WP No.459 of 2012 Sr.Srivardhan Kejriwal Versus Union of India & ORS.BEFORE : The Hon'ble JUSTICE DIPANKAR DATTA ___________________________________________________________ Date: June 8, 2012 ___________________________________________________________ Mr.Srivardhan Kejriwal, Appears in-person The writ petition is treated to be as on day’s list.

Having regard to the urgency pleaded in the writ petition, requirement of Rule 26 of the Writ Rules in so far as service of copies of the writ petition on the respondents is dispensed with.

The petitioner is the holder of a passport bearing no.G2511554.

In such passport, his date of birth has been recorded as “12.09.1994”.However, he was born on “12.06.1994”.The petitioner applied for re-issuance of his passport together with a prayer for recording his correct date of birth.

It is his grievance that the passport office has not disposed of his application and has 2 kept it pending with the result that he is unable to pursue higher couRs.of study.

It has been brought to the notice of this Court that the petitioner has been selected for admission in a university in Hongkong and that his visa application must reach by 15th June, 2012.

I am of the considered view that the petitioner, having regard to the facts and circumstances, is entitled to an interim order.

It is, accordingly, directed that the application for re-issuance of passport bearing no.12-5804559 filed online with the Government of India, Ministry of External Affairs shall be considered and disposed of by the respondent no.2 by 11th June, 2012 positively.

In the event the respondent no.2 is of the prima facie view that the petitioner’s prayer cannot be granted, in such event he shall be given an opportunity of personal hearing.

If even after personal hearing afforded to the petitioner the respondent no.2 proposes to decline his prayer, a reasoned order shall be passed which shall be placed before this Court on the next date of hearing.

The writ petition shall be listed on 11th June, 2012 itself under the heading “Court Application”.3 Service of copy of the writ petition along with this order shall be effected on both the respondents in couRs.of this day and an affidavit of service shall be filed on the next date of hearing.

All parties are to act on a signed photocopy of this order on the usual undertakings.

( Dipankar Datta, J.

) AKGoswami