- (1.) BY THE COURT: Heard Mr. Purohit on application (IA No.4691/2015) for impleadment of party respondent to the writ petition. In the application, it is, inter alia, averred that the impugned action against petitioner is taken by passport authorities on a complaint laid by the applicant, therefore, he is a necessary party to the litigation.
(2.) The passport authorities have already taken requisite action against the petitioner and as such complainant is having no role to play so as to intermeddle in the proceedings. Complainant is neither a necessary party, nor proper party to the litigation, as such, prayer made by the applicant is declined and his application for impleadment as party-respondent is rejected. However, applicant is permitted to intervene in the matter. With the consent of learned counsel for the parties, matter is heared finally at this stage. Petitioner, who is holder of Passport No.G7073682, which is valid upto 2018. On receipt of complaint from intervener, Hasam Ali about discrepancy in the date of birth of petitioner, respondent-passport authority impounded the passport of the petitioner on 3 rdof February, 2014 and seized it from the possession of the petitioner. It appears that the impugned action was taken by passport authority while considering certain materials furnished by police authorities wherein it was revealed that at the time of applying for passport, petitioner wrongly mentioned his date of birth as 22nd April, 1976, whereas as per his testimonial viz., marksheet of Secondary Examination issued by Board of Secondary Education, Rajasthan, in fact, his actual date of birth is 8th July, 1981. The petitioner has submitted in the writ petition that before impounding his passport, no notice or opportunity of being heard was afforded to him and even no formal order about impounding of the passport is conveyed to him.
(3.) Learned counsel for the petitioner has placed reliance on sub-section (5) of Section 10 of Passports Act, 1967 (for short, 'Act'), wherein it is envisaged with clarity and precision that authority competent to pass order impounding passport is required to record in writing a brief statement of the reasons for passing such order and furnish the same to the holder of the passport.;