IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.2110 of 2011 (M/S) Farjand Ali ………..Petitioner Versus Union of India & others …….Respondents Shri C.K. Sharma and Shri Mohd. Matloob, learned counsel for the petitioner. Shri Vikas Pandey, learned Standing Counsel for Union of India. Shri Dinesh Gahtori, learned Standing Counsel for the State/respondent no. 3. Dated: 30th September, 2011 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for quashing the impugned order dated 02.09.2011 passed by the respondent no.2, by which the petitioner has been asked to submit his explanation and to handover his passport in the Passport Office, Dehradun within 15 days’ of the date of issue of the order. Learned counsel for the petitioner submitted that reason for passing such order, as shown in the letter, is that there are some criminal cases pending against the petitioner in the Court of C.J.M. Rudrapur, Udham Singh Nagar. He submitted that after receiving the order dated 02.09.2011, the petitioner submitted his explanation before the Passport Officer on 20.09.2011, in which he stated that on 13.06.2011, he has deposited his Passport with Haj Committee, Dehradun as he has been chosen for Haj Yatra for which he has deposited the whole amount for the journey. He 2 submitted that the petitioner is scheduled to go for Haj on 10.10.2011 and after returning from Haj, he will deposit his passport in the Passport Office. Learned counsel for the petitioner submitted that departure for Haj is fixed for 10th October, 2011 and his arrival in India is fixed for 25th November, 2011. He prayed that in these circumstances, direction may be issued to the respondent no.2 to pass appropriate order on the representation filed by the petitioner at the earliest, so that he may perform his journey. On the other hand, learned Standing Counsel for Union of India submitted that there is one case no.1036 of 2009 under Section 323, 324, 506, 504 I.P.C. is pending in the Court of C.J.M. Rudrapur, District Udham Singh Nagar and petitioner can be permitted to go for Haj by the authority only when such permission is given by the concerned Court. At this, learned counsel for the petitioner submitted that the petitioner will move an appropriate application before the Court concerned and will obtain required permission from the Court concerned. He submitted that even then formal order is required to be passed by the respondent no.2. After hearing submission of the learned counsel for the petitioner, the writ petition is disposed of with a direction that in case petitioner is granted permission from the Court concerned and petitioner submits the same before the respondent no.2 within five days’ from today, the respondent no.2 shall pass an appropriate order on the application of the petitioner on or before 7th October, 2011. Stay application (CLMA No.10518 of 2011) also stands disposed of. Let a certified copy of the order be supplied to the learned counsel for the parties today itself on payment of usual charges. (V.K. Bist, J.) Arpan 30.09.2011