The High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pf"ui"O 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 renewing ir," pr..port bearing No.y52J97765 of the petitaoner despite of application dt.24- oa_ioiq submitted by the petitioner to the 2nd respondent to renew/re-issue the p"*p"nrorsyearsalongwithAffidavit-cum-Undertakingdt.l5-06-2024filed ["tore tf'" Hon'Ule Judicial-Magistrate of First Class at Peddapalli in CC No.327 it ZOZZ is illegal, arbitrary, unluist and against the principles of natural iustice and frrt-n* O""lr[ the action of the 2nd respondent in not entertaining the online it.oz-os_zozq of the petitioner for re-issue the passport bearing vzvi,stias inspite of orders dt.06-06-2024 passed in wp No.14002 of 2024 on "pprj"rti* tr'"g,o,noofpendencyofCCNo.32Tof2022isalsoillegalandarbitraryand direct the respondents to renew/re-issue the passport to the p"tit,"i"i t"i a period of 5 years to go abroad for iob purpose basing on the "o".-uqr"ntfy hiiOarit-cum-Undertaking Oi. t S-OO-ZOZ+ fitea before the Hon'ble Judicial r,lrgi;irrt" of First class at peddapali in cc No.327 of 2022 by considering.the of the petitionei dt.O2-O5-2024 & 24-06-2024 for renewal/re- o"fin" i..u" of if," passport bearing No.Y5297765 in the interest of justice' "ppfi"rtion -'-7 / lA NO: 1 OF 202s Petition under Section 15i cpc praying that in the circumstances stated in the affidavit filed irr support of the petition, the High court may be pleased to direct the respondents to renew/re-issue the passport to the petitioner for a period of 5 years to go abroad for job purpose basing on the Affidavit-cum- undertaking dt.15-06.2024 before the Hon'ble Judicial lMarlistrate of First class at Peddapalli in cc No.327 of 2022 by considering the ontine application of the petitioner dl-02-05-2(\24 & 24-06-2024 for renewal/re-issue ol' ihe passport bearing No.Y5297765, pending disposal of the writ petition. Counsel for the Petitioner: SRI Y. BALA MURALI Counsel for the Respondents: SRI p. SHASHI KIRAN / SRI GADI PRAVEEN KUMAR, DY. SOLICITOR GENERAL OF INDIA The Court made the following: ORDER { THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.6805 OF 2025 ORDER: This writ petition is filed seeking the following relief': " ... to issue a Writ Order or direction more particularly one in the nature oJ l|'rit of Mandamus declaring the action of the 2nd respondent in nol renewing lhe passport bearing No.Y5297765 of the petitioner despite of application dt.24-06-2024 submitted by the petitioner to the 2nd respondent to renedre-issue the possport for 5 years along v,ith Affiduvit-cum- Undertaking dt.l5-06-2024 filed belore the Ilonble Jucliciul Ma4islrate of First Class at Peddapalli in CC No.327 of 2022 is illegal, arhitary, unjust and against lhe principles of naturaljustice and further declare the uction of the 2nd respondent in not entertaining the online application dt.02-05-2021 of the petitioner for re-issue the passport bearing Y5297765 inspite of orders dt.06-06-2024 passed in WP No.11002 of 2021 on the ground of pendency of CC No.327 of 2022 is aln illegal and arbitrury:dnd consequently direcl lhe respondents to renewlre-issue lhe passport lo the petitioner for a period of 5 years to go trbroal fbr job purpose busitg on the Affdav itcum- Undertaking dt. I 5 -06- 2021 .rt\ed belore the I lon ble Juclic iql Magistrote of First Cluss ot Peddapulli in ('C No.l27 o;f 2022 hy considering the online application of lhc petitiuter dt.02-05e021 dnd 21- 06-2024 for renewal/re-issue of the passport bearing No.Y5297765 in lhe inlerest ofjustice. "

2. Heard Sri Y.Bala Murali, learned counsel for the petitioner and Mr.P.Shasi Kiran, leamed counsel for respondents

3. With the consent of leamed counsel fbr the pafties, the w,rit petition is being disposed of at the stage oladmission.

4. Learned counsel for the petitioner submits that respondent No.2 is not considering the application bearing No.HY8076675779324, dated

24.06.2024 submitted by the petitioner for issuance of passport on the alleged ground that he involvcd in Crime No.3.l3 of 202 I on the file of 2 Peddapalli l)olice Station. Leamed counsel further subnrits that the Investigating Authorities after conducting investigation filed charge sheet and the same was numbered as C.C.No.327 of 2022 on the file of the leamed Judicial Magistrate of First Class at Peddapalli. Mere pendency of the criminal case ls not a ground for rejection of the application subrnitted by the petitioner. Learned counsel further submits that in similar circumstances, this Court disposed of the writ petition vide W.P.No.I 0462 of 2023 on 18.04.2023 with certain condititrhs. With the very same conditions, respondent No.2 may be directed to consider the application submitted by the petitioner.

5. Leamed counsel for respondent No.2 subrnits thal respondent No.2 witl consider the application submitted by the petitioner in terms of the order passed by this Court ort 18.04.2023 in W.F.No. 10462 of 2023.

6. In view of the said submissions made by the resper:tive parties, this Writ Petition is disposed of directing respondent No.2 to consider the application bearing No.FIY8076675779324, dated 24.06.2024 submitted by the petitioner for issuance of the passport rvith the following conditions: G7/ /' \ 3 i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.327 of 2022 on the file of the leamed Judicial Magistrate of First Class at Peddapalli, stating that he shall not leave lndia during pendency ofthe said C.C. without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings in the said C.C.; ii) On filing such an undertaking as well as affidavit, the trial Courl 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 undertakingf belbre the Passport Officer/Authority concerned for issuance of passport; iv) 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 issuance of passport in accordance with law, within two (02) weeks from the date of said application; v) On issuance of the Passport, the petitioner herein shall deposit the original Passport before the trial Court in C.C.No.327 of 2022; and I I 4 I 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 lbr the Ieamed Magistrate to consider the same in accordance with law. 7 With the above observations, the Writ petition is disposed of. No COSTS Miscelllneous petitions, if any, pending in tJ-ris writ petition shall stand closed. l'here shall be order as to costs. To, \ //TRUE COPY// SD/.K.A,t\4MAJI ASSISTANT RFqSTRAR \/ FECTTON oFFICER 1 2 3 4 5 6 The Principal Secretary, tUinistry of External Affairs, Union of lndia, South Block Secretariat, Raisina Hill, New Delhi, Delhi, lndia. The Regional Passport Office, 73 Red Cross Road, Slrivaji Nagar, Secunderabad, Telangana- 500003. One CC to SRI Y. BALA MURALI, Advocate IOPUCI One CC to SRI P. SHASHI KIRAN, Advocate IOPUCI One CC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia)' High Court for the State of Telangana at Hyderabad. [OPUC] Two CD Copies BN o HIGH COURT DATED:0610312025 ORDER WP.No.6805 of 2025 CC TODAY 1Nr E OA 5 .c { \i\ 5 tlt tt.. - - + ::_i:- -.- -rr' ,I\11 p i' -Z ,i'' I DISPOSING OF THE WRIT PETITION WITHOUT COSTS a 1A