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Allahabad High Court

VIKRAM PATELversusUNION OF INDIA AND 3 OTHERS

Decided

Holding

A writ of mandamus cannot be issued against non‑juristic entities and the petition must be dismissed for non‑joinder of necessary parties.

Summary

The petitioner, Vikram Patel, filed a writ petition seeking a mandamus directing the Regional Passport Office, Lucknow and the Passport Sewa Kendra, Gorakhpur to issue him a passport. The Court observed that both passport offices are not juristic persons and therefore cannot be the proper respondents for a writ of mandamus. Moreover, the necessary parties who are responsible for passport issuance were not impleaded in the petition. Consequently, the petition was dismissed on the ground of non‑joinder of necessary parties. The Court allowed the petitioner liberty to file a fresh petition with the correct parties.

Issues considered

  • Whether a writ of mandamus can be issued against non‑juristic entities such as passport offices
  • Whether the failure to join necessary parties warrants dismissal of the writ petition

Subjects

  • mandamus
  • jurisdiction
  • joinder of parties
  • passport
  • writ petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 7314 of 2026

                                    Vikram Patel
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    Union Of India And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anshu Dubey, Shivam Kumar Mishra
                                    Counsel for Respondent(s)        : A.S.G.I., C.S.C., Shashi Prakash Rai

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

                                    1. Heard learned counsel for the petitioner and Mr. Shashi Prakash Rai,
                                    learned counsel appearing for the respondent Nos.1 to 3.

                                    2. By means of the present writ petition, the petitioner has sought for a
                                    writ of mandamus directing the Regional Passport Office, Lucknow and
                                    the Passport Office, Passport Sewa Kendra, Gorakhpur to issue passport
                                    in favour of the petitioner. Neither the Regional Passport Office,
                                    Lucknow nor the Passport Office, Passport Sewa Kendra, Gorakhpur is a
                                    juristic person. Therefore, no writ of mandamus can be issued to the
                                    above two entities. The necessary and proper parties have not been
                                    impleaded in the writ petition.

                                    3. In view of the aforesaid, the writ petition is liable to be dismissed on
                                    the ground of non joinder of necessary parties.

                                    4. Accordingly, the writ petition is dismissed with liberty to the petitioner
                                    to file a fresh writ petition.



                                                                   (Garima Prashad,J.) (Saral Srivastava,J.)
                                    May 5, 2026
                                    Rakesh




Digitally signed by :-
RAKESH MEHTA
High Court of Judicature at Allahabad


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