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Allahabad High Court

DINESH YADAVversusUNION OF INDIA AND ANOTHER

Decided

Holding

The writ petition is dismissed as an alternative remedy under Section 11 of the Passport Act, 1967 is available.

Summary

Petitioner Dinesh Yadav challenged the order dated 07.02.2026 that his passport was impounded by filing a writ petition. The respondents contended that the Passport Act, 1967 provides a specific statutory remedy – an appeal under Section 11 – against such an order. The Court held that because an alternative statutory remedy exists, the writ petition is not maintainable. Consequently, the petition was dismissed, with the Court directing the petitioner to file an appeal within one month, and the appellate authority was instructed to decide the matter on its merits without entertaining a limitation issue.

Issues considered

  • Whether a writ petition challenging the impoundment of a passport is maintainable when a specific statutory appeal under Section 11 of the Passport Act, 1967 is available.

Legislation cited

Subjects

  • passport impoundment
  • writ petition
  • alternative remedy
  • Section 11
  • Passport Act
  • limitation

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                          WRIT - C No. - 15694 of 2026

                                    Dinesh Yadav
                                                                                                 .....Petitioner(s)
                                                                       Versus
                                    Union Of India And Another
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Avanish Pratap Singh, Shams Tabrez
                                                                      Alam Ansari
                                    Counsel for Respondent(s)       : Pradeep Kumar Maurya, A.S.G.I.,
                                                                      Pradeep Kumar

                                    Court No. - 40
                                                      HON'BLE SARAL SRIVASTAVA, J.
                                                      HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner and Sri Pradeep Kumar Maurya,
                                    learned counsel for the respondent nos.1 & 2.

                                    2. Petitioner by means of the present writ petition has assailed the order
                                    dated 07.02.2026 by which the passport of the petitioner has been
                                    impounded.

                                    3. Learned counsel for the respondents submits that there is statutory
                                    remedy of filing an appeal under Section 11 of the Passport Act, 1967
                                    against the order impounding passport.

                                    4. Since there is remedy of filing an appeal against the order impounding
                                    passport, we dismiss the writ petition on the ground of alternative remedy.

                                    5. In case the petitioner prefers an appeal within a period of one month from
                                    today, the Appellate Authority shall consider and decide the same on merits
                                    without entering into the question of limitation.

                                    May 6, 2026
                                    NS
                                                                   (Garima Prashad,J.) (Saral Srivastava,J.)




Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad


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