Allahabad High Court
VIDHATA CHAUHANversusUNION OF INDIA AND 4 OTHERS
- Decided
Holding
The Court declined to issue a mandamus and instead directed the petitioner to seek an emergency certificate, expecting the authority to decide the re‑issuance expeditiously.
Summary
Petitioner Vidhata Chauhan, residing in Dubai, filed a writ petition seeking a mandamus directing the Regional Passport Office, Lucknow to reissue her passport (No. P4808135) within a court‑specified time. The respondents argued that the re‑issuance must follow the procedure laid down in sub‑section 2(a) of Section 4 of the Passport Act, 1967, and that compliance by the petitioner would lead to an expeditious decision. The petitioner did not contest this procedural requirement. The Court held that the petitioner could apply for an emergency certificate to enter India and that the competent authority should decide the matter promptly, but it did not grant the writ of mandamus. Consequently, the petition was disposed of.
Issues considered
- Whether the Regional Passport Office is bound to re‑issue the passport within the time stipulated by the Court.
- Whether a writ of mandamus can be issued directing the passport authority to re‑issue the passport.
- Whether compliance with the procedure under Section 4(2)(a) of the Passport Act, 1967 suffices for expeditious decision.
Legislation cited
- Passport Act, 1967 — s. 4(2)(a)
Subjects
- passport re‑issuance
- mandamus
- emergency certificate
- Passport Act 1967
- writ petition
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35551 of 2026
Vidhata Chauhan
.....Petitioner(s)
Versus
Union Of India And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Yadav
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The petitioner has preferred present writ petition inter-alia with the
following prayer:-
"(i) Issue a writ, order and direction in the nature of
mandamus directing the respondent no. 3/Regional Officer,
Regional Passport Office, Lucknow to reissue the Passport No.
P4808135 of petitioner bearing application Reference No. 26-
2003548145 dated 23.06.2026 within stipulated time as fixed
by this Hon'ble Court."
2. It is argued by Sri Rahul Anand Gaur, learned counsel for the
respondent nos. 1 and 3 that complete procedure has been prescribed
under sub-section 2 (a) of Section 4 of the Passport Act, 1967. It is further
argued that in case petitioner will comply with the terms and conditions as
contained under Section 4 of the Act, 1967, the authority will take a
decision in the matter expeditiously.
3. This fact has not been opposed by the learned counsel for the
petitioner. It is admitted that as on date, the petitioner is residing in Dubai.
4. In this view of the matter, petitioner is permitted to apply for
emergency certificate to enter in India and thereafter in case petitioner
will apply for emergency certificate, it is expected that concerned
competent authority will take a decision in the matter expeditiously.
WRIC No. 35551 of 2026
2
5. With the aforesaid observations, present writ petition is disposed of.
(Indrajeet Shukla,J.) (Prakash Padia,J.)
September 9, 2026
Pratima
Digitally signed by :-
PRATIMA AGRAHARI
High Court of Judicature at Allahabad
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