Allahabad High Court
AFZAL AHMADversusUNION OF INDIA AND 5 OTHERS
- Decided
Holding
The petition was not entertained due to the absence of a proper Vakalatnama and was consigned to the records.
Summary
Petitioner Afzal Ahmad challenged the Regional Passport Officer's closure of his passport re‑issuance file on the ground that he had not obtained a no‑objection certificate from the trial court where he faces a criminal case. The petitioner, who is residing in Riyadh, Saudi Arabia, argued that the closure unjustly barred him from obtaining a new passport. The respondents contended that the closure does not preclude filing a fresh application, but the court noted that the petition was filed without a proper Vakalatnama. The bench held that a petition cannot be entertained unless a valid Vakalatnama is filed through the correct channel. Consequently, the court declined to interfere with the passport officer’s action and consigned the petition to the records, granting the petitioner liberty to re‑file after obtaining a Vakalatnama. The matter was therefore left pending for a fresh filing by the petitioner.
Issues considered
- Whether the closure of the passport re‑issuance file disqualifies the petitioner from filing a fresh application.
- Whether a petition can be maintained without a proper Vakalatnama.
Subjects
- passport re‑issuance
- Vakalatnama
- procedural requirement
- jurisdiction
- administrative action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37526 of 2026
Afzal Ahmad
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Ojha, Pavan Kumar
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
Petitioner is aggrieved by the action of the Regional
Passport Officer in closing of file for re-issuance of the
passport only on the ground that petitioner could not
obtained necessary no objection from the trial court
concerned where he is facing the trial in a criminal case.
Sri Deepak Singh, learned Advocate appearing for the
Regional Passport Officer submits that mere closure of
the file does not dis-entitle the petitioner to move an
application afresh for re-issuance of passport.
However, upon a pointed query being made, learned
counsel for the petitioner admits that the petitioner is
currently residing in Riyadh (Saudi Arabia).
In our considered view, a petition can be maintained only
when a proper Vakalatnama is obtained bye proper
channel.
In the circumstances, we decline to interfere in the
WRIC No. 37526 of 2026
2
matter.
At this stage, learned counsel for the petitioner submits
that he may be granted liberty to file a fresh petition after
getting the Vakalatnama through proper channel.
In view of the above, this petition is consigned to records
at this stage with the aforesaid liberty.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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