The 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 Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondent to renew the passport of the petitioner vide passport bearing No. T- L9054976, issued on dt. 26.05.2014, expired on dt. 25.05.2024, consequently declare the action of the 10.0 6.2024 respondent in not considering the application of the petitioner dt. 10106120224, -vide application No. HY1O76723307524, as illegal, arbitrary, contrary to the provisions of lndian Passport Act 1967 and as well as the fundamental right guaranteed under arlicle 21 of the constitution of lndia. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to renew the passport of the petitioner vide passport bearing No. T- 19054976, issued on dt. 26.05.2014, expired on dt:25.05.2024, forthwith pending disposal of the main petition. Counsel for the Petitioner: SRI JALIB HASAN Counsel for the Respondents: SRI VEDANTHA CHARY / SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA The Court made the following: ORDER HON'BLE SRI ruSTICE J. SREENIVAS RAO WRIT PETITION No.5874 of 2O25 ORDER: This Writ Petition is filed seeking the following relief:- "to issue o Writ order or Direction more particularly one in the nature of llrit of Mandamus directing the respondent to renew the passporl of the petitioner vide passport bearing No.T-L9051976 issued on dr.26.05.2014 expired on dt.25.05.2021 consequently declare the action of the 10.06.2021 respondent in not considering the application of the petitioner dt.10/06/20224 vide application No.HY1076723307521 us illegal arbitrary contrary to the provisions of Indian Passport Act 1967 arul as well as the Jitndamental right guaranteed under article 2l of thb constilulion of India. "

2. Heard Mr.Jalib Hasan, leamed counsel for the petitioner and Mr.Vedantha Chary. leamed counsel for respondents. 3 . Leamed counsel lor the petitioner submitted that respondent No.2 has issued passport to the petitioner on 26.05.2014, vid,e passport bearing No.L9054976 and the same is valid upto

25.05.2024. Even before expiry of the said passport, petitioner submitted application dated 10.06.2024, vide application No.tIY1076723307 524, requesting the respondent authorities to renew the passport. In spite ol the request made by the petitioner, respondent No.2 has not renev,ed the passport of the petitioner, on ,/ 2 the alleged ground that he was involved in Crime No.36 of 2021 of Women Police Station, Hyderabad. Learned counsel further submits that the Investigating Authorities after conducting investigation filed charge sheet and the same was numbered as C.C.No. 12095 of 2021, on the file of the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Learned counsel further submits that the investigation is in progress. Mere pendency of the criminal case is not a ground for rejection of the application submitted by the petitioner and the same is contrary to the provisions of the Passports Act, 1967. Leamed c,ounsel further submits that in similar circumstances, this Court disposed of the writ petition vide W.P.No.286l4 of 2024 on 16.10.2024 with certain conditions. With the very same conditions, respondent. No.2 may be directed to consider the application subn,itted by the petitioner

4. Learned Standing Counsel for respondents submitted that respondent No.2 will consider the application subrnitted by the petitioner in terms of the order passed by this Court in W.P.No.286l4 of 2024, dated 16.10.2024. I t 3

5. In view of the said submissions made by the respective parties, this Writ Petition is disposed of directing respondent No.2 to consider the application dated 10.06.2024, submitted by the petitioner for renewal of the passport with the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.l2095 of 2021, on the file of the leamed XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad,,' stating that he shall not leave India during pendency of the said C.C. without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings. ii) The trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing oIrhe underraking. iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concemed passport Officer for consideration of his application for renewal of passport. I I 4 iv) The Passport Authority shall consider the documents in the light of the obsen'ations made by the Courts as well as the undertaking and other documents filed by the petitioner. The petitiorLer shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminal r:ase for renewal of the passport. The petitioner shall at liberty to file an application before the leamed XIII Additional Chief Metropolitan Magistrate, Na mpally, Hyderabad seeking permission to travel outsirle India and the said Magistrate shall consider the same in accordance with law.

6. With the above observations, the Writ Petition is disposed of. No costs Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR Nt-'ION OFFICER

1. The Under Secretary, Ministry External Affairs, The Union Of lndia, Central

2. The Regional Passport Officer, Hyderabad, Having office at 8-2-215to219' Secretariat, New Delhi, lndia. Kummarguda Secunderabad.

3. One CC to SRI JALIB HASAN, Advocate IOPUC] 4. One CC to SRI VEDANTHA CHARY, Advocate [OPUC] 5. One CC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor General of India), High Court for the State of Telangana at Hyderabad. [OPUC]

6. Two CD Copies To, BN BS *p.-t- HIGH COURT DATED:2710212025 CC TODAY ',rE ST4fA 1 o B 1 l$s.26 7,i _-i r 'r q o o ( 't ORDER WP.No.5874 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS lh $