Hemant Chandangoudar, J
1. The validity of the passport issued to the petitioner expired, and therefore, the petitioner submitted an application with the respondent for re-issuance
of the passport. However, the respondent issued an endorsement stating that the application cannot be processed since the proceedings against the
petitioner is pending before the Debts Recovery Tribunal (DRT).
2. Heard the learned counsel for the petitioner and Sri. H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for the respondent.
3. Petitioner can be denied re-issuance of passport only on the ground that if criminal cases are pending and upon permission from the jurisdictional
Court, the passport can be reissued to the applicant. In the instant case, except the proceedings against the petitioner before the DRT, no criminal
proceedings are pending against the petitioner.
4. Therefore, the impugned endorsement issued by the respondent is not legally sustainable. Accordingly, the following:
ORDER
(a) The petition is allowed.
(b) The endorsement at Annexure-G dated 06.10.2023 issued by the respondent is hereby quashed.
(c) Respondent is hereby directed to process the application of the petitioner for re-issuance of the passport in accordance with law, subject to
petitioner satisfying the other requirements. The said exercise shall be completed within two days from today.
