High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the atfidavit filed therewith, the High court may be pleased to issue a wiit, order or direction more particularly one in the nature of writ of Mandamus dbclaring the action of Respondent No.3 in not considering the Petitioner s application made for the renewal of passport number M527g144 vide passport application with Reference No. 25-10001121g1 dated 21.01.202s as illegal, arbitrary and contrary to the petitioner s rights under Article 21 of the constitution of liidia and violation of the provisions of the passports Act 1967 and Passport Rules 1980 and consequenfly direct the respondents to renew and issue the passport to the petitioner forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased be pleased to direct ther 3rd respondent to consider the renewa of Passport number l{i5279144 vide application passport application - with Reference No. 25- 1000112181 dated il1 01 2025 of the Petitioner for renewal and issuance, of the passport pending disposal of Writ Petition. Cgunsel for the Petitioner: SRI A.RAJASHEKAR REDOY Counsel for the Respondent Nos.1 TO 3: SMT. N.V.R.RAJYALAKSHMI FOR SRI GADI PRAVEEN KUMAR, ST. SC FOR CENTRL GOVT Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V. SHRAVAN KI'MAR WRIT PETITION N0.5148 of 2o.25 ORDER: This writ petition 1S frled seeking the following prayer: "WRIT OF MANDAMUS declaring the oction of Respondent No.3 in not consideing the Petitioner's application made for the renetaal of Passport No.M5279144 uide passport application uith Reference No.25-10001 j2181 dated' 21.01.2025 as illegal, arbitrary and contrary to the Petitioner's rights under Article 21 of th.e Constitution of Indta and uiolation of the prouisions of the passports Act, 1967 and. Passport Rules, 198O and consequently direct the respondents to reneu and issue tle passport to the petitioner forthutith. "

2. Heard lqarned counsel appea-ring for the petitioner, Smt.N.V.R. Rajyalakshmi, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India dppearing for respondent No.l to 3 and Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home appea-ring for respondent No.4. With the t I NVSK,J' W.P.No.5 I48 of 2025 2 consent 01- the pa.rties, the writ petition ir; being taken up for disposal at the admission stage itself. Perused the record

3. Brief facts in this Writ Petition a_re that petitioner is a perman,rnt resident of Hyderabad and he is holding passport bearing No.M5279 144, which was issued after renewal of his old Passport bearing No.E6131073, which was issue<l on Oi.08.2003. Petitioner submits that when his Passp,rrt got expired oo 07.01.2025 he made an applicatior: for renewal of Passport on 21.O1.2025. Petitioner further submits that on verification of the original documents, he was informed that a Crirninal Case has been registered in FIR No.94(l of 2024 with Petbasheerabad Police Station, Cyberabad lor the alleged offences punishable under Sections 419 and 420 of IPC and citing lhe above reason, respondent No.3 declined to renew the Passport of the petitioner. Petitioner further submits that he has no knowledge about the Court Cases pending ag:rinst him and he has been falsely.implicated in NVSK,J W.P,No.514a of 2025 3 the said case. Questioning the inaction of respondent No.3 in renewing the Passport, petitioner hled the present writ petition.

4. Smt.N.V.R. Rajyalakshmi, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent Nos. 1 to 3 has placed instructions of the Regional Passport Officer, Hyderabad - respondent No.3, wherein it is stated as follows:

1.3. As per olfice records, it is submitted that the petitioner is holding passport in the ruame of Kallam Narahai Reddy and applied for reissue of passport uide fiIe No.HYI077322O81525 on 21-01.2025. The file was processed under pre- ueification basis. 4. On ueification police authoities submitted an aduerse report on 29.01.2O25 stating that "there is a mismatch in the applicant's aadhar and uoter ID and Personal Particulars Form". 5. On 13.11.2024 this office receiued a letter from PS Pet Basheerabad, Cgberabad informing that a case uide Cr.No.94O/2O24 u/s.419, 42O .i NVSK W.P. No.SI48 of 2025 4 IPC is registered against the petti.oner. The detai.ls of petitioner were uploaded in the policg databasc. 6. This office issued a letter dated 20.02.2O25 callirtg for explanation from the petitioner reqa.ding the aduerse report receiued from the police authonties. Response from the' petitioner is get autaited. 7. This office can reconsider his a2tplication, if the pelitioner submits his explanation regarding the nismatch of particulars in his doqtments and,oassport and pending ciminal c'as€."

5. Learned Assistant Government Pleader for Home appearing lor respondent No.4 has placed instructions of respondent. No.4, wherein it is stated thal. after thorough investigatitrn, the case against the petitior:ier registered in FIR No.94r) of 2024 dated 31.01.2025 f.or the offences under Seclions 4L9 and 42O of IPC urith Pet Basheerbad Police Station has been closed due to "La,ck of evidence" and reporl was also filed before the le,arned IX Addl. Metropolitan Magistrate at Medchal, Cyberabad NVSK,J W,P-No.5146 ot 2025 5

6. After arguing at length, learned counsel for the petitioner submits that the petitioner has no intention to suppress the material information in passport application and pray this Court to grant liberty to the petitioner to make explanation regarding mismatch of particulars in his documents and would clari$z the same before respondent No.3 and further pray this Court to direct the respondent No.3 to consider the same and issue passport to the petitioner. \ \

7. Learned counsel appearing for respondents submits that after receipt of explanation from the petitioner respondent No.3 will consider the sarne and pass t I appropriate orders, in accordance with law.

8. Recording the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of with a liberty to the petitioner to submit explanation to the letter dated 2O.O2.2O25, within a \ NVSK,J W.P.No.5148 oI2O25 6 period of onc (0 1) week from today and on such explanation, rcspondent No.3 is directed to dispose the same and pass appropriate orders, strictly in accordance with law, as expeditiously as possible, prel'erably, within a period of two (02) weeks from the date of receipt of explanation from the petitioner and communicate the same to petitioner. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand close d. //TRUE COPY// SD/-P. PADMANABHA REDDY as PUTY REGISTRAR \1 SECT ION OFFICER A \) To '1 . The SecretarY, Unron of lndia, Throug h the Secretary, Mi nistry of External Affairs, Ministry of External Affairs, South Block, New Delhi 2. The Chief PassP ort Officer. PassPort Authority of lndia, PS P Division, Ministry of External Affairs, Room No 8. Patiala House, Tilak Marg, New Delhi 1 10 001. ite Reoional Passport Officer, 73 Red Cross Road' S;hivaii Nagar' SecundErabad, Telarwana 500003 il;tfi;i;r." offi""t, PetbasheerabaQ, Cvberabad o one cc to SRr GADI PRATLEN ktlil[R, S;-s'-ibh cENTRL Gow ""., loPUCl Two CD CoPies 6c'iij's n r n irAJn-s H E xnR R E DDY, Advocate^[o P u cl 4 6 6 7 PSK. BS $ HIGH COURT DATED:0810412025 ORDER WP.No.5148 of 2025 \. \'\r":;-'+ il5 I\P?, I \J- -) a, /ry 'i +,. _\; l_- rSl'i -..4 :. , -:.// DISPOSING OF THE WRIT PETITION WITHOUT COSTS ra,tcPfi4 \) ryt*