High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High may be pleased to pass an order, direction or a writ particularly in thi nature or writ or Mandamus declaring that the action on part of the respondent No.2 in withholding the_ application of the petitioner vide applicatio n no. 24-2005649954, dated 3.12.2024, for renewar of passport bearing no. 22916801, on the grounJ of pendency of a criminal case, arising out matrimonial dispute U/s 49g A tpc ano 420 lPc, vide cc No. 284 oF 20'rB renumbered as cc 192s of '2024, pending on the tile of xv Addl. chief M.M. Hyderabad, is highly iilegat, arbitrary and vlola"tive of fundamental right to travel enshrined under Ariicl e 21 of the 6onstitution of lndia. consequently, this Hon'ble court may be pleased to direct the respondents to process the application of the petitioner vide application no. vide 24- 2005649954, daled 3.12.2024, and renew the passport bearing no.22916801 =7 //' IA NO: 10F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in suppori'of tie petition, if,JHigl"'.Corrt mav be pleased to pass an interim direction tnereoi iir"",iig the respondents to process the application of the oetitioner vioe appti';Jtlln""o "'iJ" iizoosa+ses4' dated 03 1"1 2o24' and i"n"* tn" passport beari'1g no 22916801 Counsel for the Petition'er: SRI' MOHAMMAD ADNAN Counsel for the Respondents: Smt' N'V'R RAJYA LAKSHMI REP'' FOR SRI 6liiilnaverN KUMAFI Dv. soLlclroR GEN' oF INDIA The Court made the following: ORDER l' , THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO IVRIT PETITION N0.7661OF. 2025 ORDER: This writ petition is hled seeking the following relief: ^.tior. " ... to pass an order, drrectlon or a writ particularly in the nature of Writ of mandamus declaring that the on the part of the respondent No-2 in withholding the application of the petitioner vide application N:.24-2OO5649954, tlated O3.t2.2024, for renewal of passport bearing No.22291680.1, on the ground of pendency of a criminal case, arising out matrimonial dispute U/S.4bg_A IpC and 42O IPC, vide C.C.No.284 of 2O18 renumbered as C.C.No.l925 of 2024, pending on the file of XV Additional Chiet M.M. I{yderabad, is highty illegal, arbitrary and violative o[ lundamental right to travel enshrined under Artlcle 2l of the Constitution of India. Consequently, this Honble Court may bc pleased to direct the respondents to process the application of the petitioner vifle application No. vide 24 2005649954 date(l O3..t2_2624 and rerjJw the passport bearing No.229l6801 .. ."

2. Heard Sri Mohd. Adnan, leanred counsel for the petitioner, and Smt. N.V.R. Rajya Lakshmi, ltrned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondent Nos. 1 and,2.

3. Learned counsel for the petitioner submitted that the competent authority issued passport bearing No.Z29 l6gOl to the petitioner and the same is valid up to 05.01.2O25. As per the provisions of the Passports Act, 196Z , the petitioner submitted application for renewal of the passport on

03.12.2024, even before expiry of the passport. In spite of repeated requests made by the petitioner, the respndent authorities have not taken any step to consider the application , 2 for renewal of the passport on the a,lleged ground of pendency of C.C.No. l<)25 of 2024 on the hle of the XV Additional Chief Metropolitzrn Magistrate, Hyderabad, registered for the offences under Sections 498-,4 and 42O of the Indian Penal Code, 1860 Mere pend e ncy of the criminal case is not a ground for not considering the application of the petitioner for renewal of the passport

4. Per contra,learned counsel for the respondents submitted that the rcs;pondent authorities will consider thc application submittecl by the petitioner dated 03.12.20fr and requested this Court to grant reasonable time.

5. Havinp, considered the submissions made by the respective counsel and after perusal of the material arrailable on record, it reveals that the petitioner filed application on

03.12.2024 br renewal of the passport, even before expiry of its validiqr

6. Taking into consideration the facts and circumstances of the case. this Court deems it appropriate to dircct the respondcnts to consider the application, dated 03.12.2024, for 3 renewal of the passport and pass appropriate orders in accordance with raw, within a period or four weeks from the date of receipt of a copy of this order. 7 With the above directions, the writ petition is disposed of. No order as to costs Miscellaneous petitions, if any, pending shall stand closed. I \ SD/-P. PADMANABHA REDDY ASSISTANT REGISTRAR a' NOTE:-That the name of the petjtioner is wrongty Igaq. gs ',Khaja Rafiuddin 'kh;;l;- in-steai" ot ilgrlg_aain Khah,, in wF.ru".roi'i-'or iriii'jrt"o 211021202s and the same is "o*"t"a ,.- o"i'in" orde.rs of the Hon'bte court-aaleJ-do.6i.io"is' in l.A.No.3 ot 2e25. .. The Amended Order Shall Substitute the ggfl'^el^9lqer which has arreaay neenliJiriJr,"a ", 24t02t2025. To, //TRUE COPY// SD/. T.JAY SREE ASSISTANT REG TRAR SECTION FFICER 1' The Secretarv. union of rndia, through ,\rinistry of Externar Affairs. havino office at South B tock, secret#iJi'e,;ii;i;;,' i\# 6"rni_rnoi, 2' The consurate Generar of rndia, At JEDDAH, Saudi Arabia, Havinq office at Vit ta No. 34' Behi nd r.ra,o na r-cim m"Jrcl;' Ei;;ii; ri, si;bi,'jlffiJd,' "''' Kingdom of Saudi nraOia.laV nrn MAiij "" '^ '' 3. One CC to SRt. MOHATVMAD ADNAN Advocate [OPUC] 4. One CC to SRt. GAD| PRAVEEN KUMAR Dy. SOL|C|TOR GEN. OF tNDtA 5. Two CD Cooies loPUCl 5\W HIGH COURT DATED :2110212025 06/03/i1025 AMENDED ORDER WP.No.1661 o{' 2025 CC TODAY BE :iTAl e <: q /5 !) 0 7 tiiii^lfl5 c *t * ,r9 ,D. \i: , t' DISPOSING OF THE WRIT PETITION WITHOUT CO{}TS