Viiav Kumar Badri. S/o: Late Anjaiah Badri v. The Union of lndia

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 a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in not renew and issue the passport No. N7340170 mentioning the reason that 'subject to police verification' is illegal, arbitrary, contrary to law and Violation of Articles 14, and 21 of the Constitution of lndia and consequently renew' and reissue the fresh passport to the petitioner forthwith. IA NO: 1 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to renew and issue the fresh passport No' N7340170 to the petitioner forthwith pending disposal of the Writ petition' Counsel for the petitioner: SRI GADDAMANUGU RAJASHEKAR counsel for the Respondents: sRr ANGOTHU NEHRU, sc FoR CENTRAL GOVERNEMNT/ SRI GADI PRAVEEN rUrVrIiN,b.V_;OLICITOR GEN. OF ,NDIA The Court made the following: ORDER IION'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITIO N No.5878 of 2025 ORDER: This Writ Petition is filed seeking the lbllowing relief:- "lo issue a Writ order or Direclion more particularb' one in the nature of Writ of Mandanuts decluring the action ttf the 2nd respondenl in not renev) arul issua lhe passport No'N7310170 mintioning the reason lhal subiecl b polite verificalittn i't illegal, arbitrary, contruty lo lat' and violuliott o.f Articles l1 ori 21 o7 th" Constitution of htJuL t-ntl ':ortscquently renew and reissue the fresh passpofi tu rhe ptliii't;Lcr lbrthwith- " 2 Heard Mr.G.Rajashekar, lealred counsel fbr the petitbner and Mr.Angothu Nehru, learned Standing Clounsel tbr respondents' J Learned counsel for the petitioner submitted that respondent No.2 has issued passport to the petitioner on 25'0 I '20 16, vide passport bearing No.N7340170 arld the same is valid upto

24.01.2026. Even before expiry of the said passport, petltroner submitted application dated 30.01.2025, vide application No.HY1077358221725, requesting the respondent authorities to renew the passport. In spite of the request made by the petitioner' respondent No.2 has not renerved the passport of the petitioner' on the alleged ground that he rvas involved in Crime No'160 of 2021 of Jangaon Police Station, \\''arangal. Lcarned counsel further 2 submits that rhe Investigating Authorities afler conducting investigation filed charge sheet and the same was numbered as C.C.No.478 of 2021, on the file of the leamed Judicial First Class Magistrate ar .langaon. Leamed counsel further submits that the investigation is in progress. Mere pendency of the crirninal r:ase 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 counsel further submits that in similar circumstances, this Court disposed of the writ petition viae W.P.No.28614 of 2024 on 16.10.2024 with certain conditions. With the very same conditions, respondent No.2 may be directed to consider the application submitted by the petitioner.

4. Learned Standing Counsel for respondents submitted that respondenr No.2 will consider the application subrnitted by the petitioner in terms of the order passed by tLLis Court in w.P.No.286 I 4 0t 2024, dated I 6.10.2024.

5. In view of the said submissions made by the respective parties, this Writ Petition is disposed of directing respondenr No.2 to consider the application dated 30.01 .2025, submitted bv the 3 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.478 of 2021,, on the file of the learned Judicial First Class Magistrate at Jangaon, 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 of the undertaking. 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. iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the original \ I I I 4 passport before the trial Court in criminal case for renerval of the passport. 'Ihe petitioner shall at liberly to file an application before the learned Judicial First Class Magistrate at Jangaon seeking permission to travel outside 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 rniscellaneous applications, if any, shall stand closed. SD/-T. TIRUMALA DEVI ASSIS ANT REGISTRAR //TRUE COPYII (J To, Secretariat, New Deihi. ECTION OFFICER '1 . The Under Secretarv The Union of lndia, Ministry of External Affairs, Central 2. The Regional passport officer,. Regional passport Office, D.No. g_2_215 to - ?19, Kummarguda SecunderabadlSOOOOa..--- 3. One CC to Sri Gaddamanugu- Rajashekar, Advocate tOpUCI 4. one CC to Sri Gadi praveen-Kumhr oy. s.irititoiJun. bf tntid [opUC] 5. One CC to Sri Anoorhrr Nehru, SC fo.'Ceniial eoiernemtlOFUii - -, 6. Two CD Copies - -' B TJu HIGH COURT CC TODAY DATE D :27 10212025 ORDER WP.No.5878 of 2025 a _ , rt t-- Sl4 r(- ,f, D 1 flAR 2IE $(- c],, i DISPOSING OF THE WRIT PETITION WITHOUT COSTS OI