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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