Bipul Das and 2 Ors v. The Union of India and 4 Ors

ORDER Date : 06-05-2024

Heard Mr. N.C. Das, learned counsel for the petitioners and Mr. D.C. Borah, learned CGC for all the respondents.

¶2The petitioners have instituted the instant writ petition under Article 226 of the Constitution of India aggrieved by issuance of a Look Out Circular [LOC] against the petitioners holding passport numbers viz. [i] Z6131078, [ii] Z6947171; and [iii] Z7162437. In the writ petition, the petitioners have sought the following reliefs :- [a] issue a Rule calling upon the respondents to show cause as to why a writ of Mandamus should not be issued commanding them to withdraw the Look Out Circular if any against the petitioners; [b] issue Rule in the nature of Certiorari commanding the respondents Page No.# 3/4 to transmit and certify to this Hon'ble Court all records relating to the issuance of Look Out Circular against the petitioners in Passport Nos. [1] Z6131078 issued in favour of Petitioner no. 1, [2] Z6947171 issued in favour of Petitioner no. 2 and ]3] Z7162437 issued in favour of petitioner no. 3; [c] pass ad-interim direction to the respondent no. 2 not to harass the petitioners in case of journey till the final disposal of the rule; and or [d] pass such other or further order or orders as Your Lordships may deem fit and proper.

¶3On the previous date of listing, on 05.04.2024, Mr. Borah, learned CGC was asked to obtain instruction in a sealed envelope, in the event the respondent authorities do not want to disclose the reasons.

¶4Today, Mr. Borah, learned CGC has placed the instructions in a sealed envelope, which contains a Communication dated 10.04.2024 of the FRRO, BOI, Kolkata, addressed to him. The contents of the Communication dated

10.04.2024 are perused. As per the instructions contained therein, the Look Out Circular [LOC], earlier issued against the petitioners, has since been withdrawn and at present, there is no Look Out Circular [LOC] existing against any of the petitioners.

¶5In view of the fact that at present, there is no existing Look Out Circular [LOC] against any of the petitioners holding the passport numbers viz. [i] Z6131078, [ii] Z6947171; and [iii] Z7162437, the cause of action preferred to continue with the writ petition does not exist. The writ petition stands accordingly closed. The petitioners are, however, at liberty to approach this Court again in the event of any subsequent cause of action. Page No.# 4/4

¶6The Communication dated 10.04.2024 is to be kept in a sealed cover with the case records.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010025552024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/917/2024o BIPULoDASoANDo2oORSo S/OoKUMUDoNARAYANoDAS,o RESIDENToOFoHOUSEoNO.o9,oBYEoLANEoNO.o4,oPUBoSARANIA,oPOo SILPUKHURI,oDISToKAMRUPo(M)oASSAMo781003 2:oSRIoNIPONoPATGIRI oS/OoAJAYoPATGIRIo RESIDENToOFoHOUSEoNO.o9 oPUBoSARANIA oPOoSILPUKHURI oDISToKAMRUP(M)oASSAMo781003 3:oSRIoUTPALoKALITA oS/OoPADMARAMoKALITAo RESIDENToOFoHOUSEoNO.o07oKUNDILoNAGAR oBYEoLANEoNO.o12 oPOoULUBARI oDISToKAMRUPoMoASSAMo78100o VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoINTELLIGENCEoBUREAU,oMINISTRYo OFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oNEWoDELHIo110066 2:THEoDEPUTYoDIRECTOR oBUREAUoOFoIMMIGRATION oEASToBLOCKoVIII oR.KoPURAM oNEWoDELHIo110066 3:THEoCHIEFoIMMIGRATIONoOFFICER oTHEoBUREAUoOFoIMMIGRATIONoDISToKAMRUPoMoASSAM Page No.# 2/4 4:FOREIGNER REGIONAL REGISTRATION OFFICES 237 ACHARYA JAGADISH CHANDRA BOSE ROAD BALLYGUNGE KOLKATA WEST BENGAL 700020 5:THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE GUWAHATI A DEE TOWER 2ND FLOOR OPP. NIDHI BHAWAN LALMATI NH 37 GUWAHATI 78102 Advocate for the Petitioner : MR. N C DAS Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY