Allahabad High Court
SAHMAT ALIversusUNION OF INDIA AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as an alternative statutory remedy under Section 11 of the Passport Act, 1967 is available.
Summary
Petitioner Sahmat Ali filed a writ petition challenging the impoundment of his passport. The respondents argued 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 on the ground of alternative remedy. The Court directed that if the petitioner files an appeal within one month, the appellate authority will decide the matter on its merits without considering any 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.
- Whether the existence of an alternative statutory remedy bars the jurisdiction of the High Court to entertain the writ petition.
Legislation cited
- Passport Act, 1967 — s. 11
Subjects
- passport impoundment
- writ petition
- alternative remedy
- Section 11
- Passport Act
- High Court
- jurisdiction
- limitation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16334 of 2026
Sahmat Ali
.....Petitioner(s)
Versus
Union Of India And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Chand Saroj
Counsel for Respondent(s) : A.S.G.I., C.S.C., Hridaya Narayan
Mishra
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner, learned counsel for the Union of
India and the learned Standing Counsel for the State.
2. Petitioner by means of the present writ petition has assailed the order 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.
April 29, 2026
NS
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad
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