The High Court · 2025

Between: Vislavath Mohan, s/o. Fakira, Age 46 years, occupatiol.cleaner,Dulsco necruitment SJ*i"e., Presently R6siding ai United Arab Emirates (-UAE), fieoresenteO bv his Generai Pow6r of Attornby Smt.Vislavath..Manjula, W/o. Mohan, ;o"i il bc".uorse wife, Rl/o. H'No.5-62l1 , Kysampalli Thanda, Kamareddy M?ndal and District, Telangana State ";;t. ...PETITIONER AND

1. The Union of lndia, represented by its Secretary To the Government, Ministry ot Exteinit Affairs bTv Division, lV -1 section,-Patiala House Annexe New Delhi.

2. The Reoional Passport officer, Govt. of lndia Min. of External Affairs D. No. 8- 2-215 16 219, Kummarguda, Secunderabad ...RESPONDENTS 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 pteased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action on the part of the respondent No.2 in not renewing the passport of the petitioner bearing no. M497772O pursuant to application of the petitioner dated 2310912024 to respondent no. 2 online as illegal, arbitrary and without jurisdiction and consequently direct the respondents to renew the passport of the petitioner for a period of 10 years in accordance with Rule 12 of Passport Rules, 1980. 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 renew the passport of the petitioner bearing No. M4g77720 pursuant to application of the petitioner dated 23i09/2024 to respondent no. 2 online pending disposal of WP Counsel for the Petitioner : SRt MALLA REDOy cADlpALLy counserrorRespondent''33'Iat*"3=tfi lo*x,tt8t?*' The Court made the following: ORDER HON'BLE SRI JUSTICE J. SR"EENTVAS RAO WRTT PETITION No.s L6L of 2025 ORDER: This Writ Petition is Iiled seeking the following relief:- to issue a Writ order or DirecLion more particularly one in the nature of Writ of Mandamus declaring the action on the part o[ the respondent No 2 in not-renewing the p.""po.t of the p"titiot'"t bearing .N.o'M497772O pursuant to application of the petitioner dated bzloolzoz+ to iespondent no'2 onljne as illegal arbitrary and without jurisdiction and consequently direct the respondents 1o t"ttt* the passport of the petitioner for a period of 1O years in accordance with Rule 12 of PassPort Rules 198O'"

2. Heard Mr.Mallareddy Gadipally, learned counsel for the petitioner and Mr'P'shashidhar Reddy' learned Standing Counsel for respondents'

3. Learned counsel for the petitioner submits that respondent No.2 is not considering the application dated 23.Og.2024, vide reference No'AKC124522789524 submitted by the petitioner for renewal of passport on the alleged ground that he was involved in Crime No'1O3 of 2O2O of Devanpalli Police Station, Kamareddy and the Investigating Authorities after conducting investigation Iiled charge sheet and the salne was numbered as C.C.No-224 of 2O2O on the file of the learned Judicial First l "t 2 Class Magistrate at Kamareddy. Mere pendency of the crimina,l case is not a ground for rejection of the application submitted by the petitioner. Learned counsel further submits that in similar circumstalces, this Court disposed of the writ petition vide W.p.No. 10462 of 2023 on 18.04.2023 with certain conditions. With the very sarne conditions, respondent No.2 may be directed to consider the application submitted by the petitioner.

4. Learned counsel for respondent No.2 submits that respondent No.2 will consider the application submitted by the petitioner in terms of the order passed by this Court on 18.O4.2023 in W.P.No. tO462 of 2023.

5. In view of the said submissions made by the respective parties, this Writ petition is ilisposed of directing respondent No.2 to consider the application dated 23.09.2024, submitted by the petitioner for renewal ol the passport with the following conditions: i) The petitioner herein shall submit an undertaking a-long with an affidarrit in C.C.No.224 of 2O2O on the file of the learned a Judicial First Class Magistrate at Kamareddy, 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 tria-l Court in concluding the proceedings in the said C.C.; ii) On liling such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks there from; iii) The petitioner herein shall submit certified copy of this order as well as the aforesaid undertaking before the Passport Officer/ Authority concerned for renewal of passport; irr) The Passport Officer/Authority shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewal of passport in accordance with law, within two (03) weeks from the date of said application; v) On renewa-l of the passport, the petitioner shall deposit the original renewed passport before the trial Court in C.C.No.224 of 2O2O , I 4 vi) However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law. 6. With the above observations, the Writ petition disposed of. No costs. IS Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/.P. PADMANABHA RE DY R ASSISTANT REGI SECTION FFICER '1. The Secretary To the Govemment, Ministry of Extemal Affairs Union of lndia, CTV Division, W -'1 Section, Patiala House Annexe New Delhi.

2. The Regional Passport Officer, Govt. of lndia Min. of Extemal Affairs D. No. 8- 2-215 to 219, Kummarguda, Secunderabad

3. One CC to SRI MALLA REDDY GADIPALLY, Advocate. [OPUC] 4. One CC to SRI P.SHASHIDHAR REDDY, SC. [OPUC] 5. Two CD Copies. BSK 6BS HIGH COURT DATED:2010212025 ORDER WP.No.5161 of 2025 CC TODAY -tHE s14 14: oR + 21FIB M ('; .l I 'd-)

1.) '9 5. ','// g)rt, ^.,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS /d,'{EOi.\ i)