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 a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd Respondent in not issuing the Passport to the Petitioner vide file No. HyG06637 4262s24, dated 19t3t2o24. as illegal, arbitrary and without jurisdiction and consequenfly to direct the Respondents to entertain the passport application vide file No. HYG066374262524. dated 1gl3l2o24 of the petitioner for a period of (10) years U/s.10 of Passport Act, 1967 and under Rule .12 of passport Rules, 19g0 without reference to the Criminal proceedings pending against the petitioner in C.C. No.678 of 2o2o on the file of the Honourable Judicial First class Magistrate at Alair and also Gazette Notification issued by the central Government vide GSR No.570 (E), dated 25lB/1993, in the interest of justice // lA NO: 1 OF 2025 Petition unrirr Section 151 CPC praying that in the r;ircurrstances stated in the affidavit frled r support of the petition, the High Court may be pleased to direct the Respo " Jerrts to entertain the passport applica:.ion vide file No. HYG0663742(j2li.2r, d.rted 191312024 of the petitioner for a pr:rirrd of ('10) years without refere,rc;e t r the Criminal proceedings pending against the petitioner in C.C. No.678 of :2020 on the file of the Honourable Judicial Firr;t Olass Magistrate at Alair and also (;ezelte Notification issued by the Central Gr:lerrment vide GSR No.570 (E), datix ll5/t)/1993, pending disposal of the above Wril Petition, in the interest of just ci) Counsel for the Felitic,ner: SRl. G. ARUN KUMAR Counsel for the Fl:;pc,ndents: Ms. NVR RAJYA LAKSHMI The Court made ttre fc,llowing: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRITPETITI ONNo.7232 of 2025 ORDER: Heard learned counsel for the petitioner and Ms.NVR Rajya t akshmi, learned counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself

2. This writ petition is filed seeking the following prayer:_ "to declare the action of the 2,d Respondent in not issuing the Passport to the petitioner oide file No.HyG0663742G2524llntud 19.03.2024_ as ilbgal, arbitrary anrl zuithout jurisdiction and consequently to direct the Respondents to enteriain the passport _ztide fb No.HyG066374262524 dnted 19.03.2024 of the application peti,tioncr for a peiod of (10) years LI/s. 70 of passport Act, 7967 and under Rule 12 of passport Rules, 19g0 u,ithout reference to tht Cyiryinal proceedings pending against the petitioner in C.C No.6tB of 20_2_0 on the f.le of the Honouiable ludicial First Clnss Magistrate at Alair and also Gazette Notif cation issued by the "Central Cotternment ztide GSR No.SZ0 (E) dnted 25.0g.1993.,, 3 Brief facts in this writ petiLion are that petitioner being an agriculhrrist was cultivating his land in Sy.No.27 situated at Sarvapally Village, Atmakur Mandal and the petitioner for issuance of normal passport made an application before the respondent authorities and an appointment was given to petitioner to approach passport Seva Kendra, Begumpet, Hyderabacl, thus petitioner had approached the said office on 29.70.2024, and submitted all the required documents. Thereafter, respondent No.2 conducted enquiry and basing on the police verification report, issued letter dated 23.03.2024, stating ,", ,/ ..).. that petitiont't i - r n\.olved in Cr.No.61 of 2020 under Sectiorr 417' 341' 427 ' ' 5 \tmakur vide CC.No'678 of 2020' on the file of Judicial 326,504 IPtl o First Class ]vl ir,ljst:ate at Alair and directed the petitic ne : to submit explanatiorr ',v 1l in r period of 30 days Further case of the pel tioner is that one T.RarL lR :L:iclv neighbor of petitioner' without pernll ssi :u from the concerned J'al:; ldar was trying to dug bore well' by vioiating WALTA act' Hence, th,: 1 t litioner on 06 05 2020, made a compiaint al rd requested Tahsitdar, :\t r, rkur Mandal, Yadadri-Bhuvanagiri Distrir:t tt' take aclion' Thereafter, r:r ,1 01j 2020, I Rarn Reddy' lodged a false coinple'int before the P.S, Atrnakllr ,l lJ :ln such complaint, the SHo, P'S. Atmakur, registered an FIR No.6.l L ,[ I ]l(l daterl 25 05 2020 and a charge 5hg13f lirle il C No'678 of 2020 was lilt't r tt t rc file of ludicial First Ciass Magistrate at Alirir' Lcalrr' ,:ounsel for the petitioner submits that the s;tid case is civil in 4. natule and f rrlrr:- submits that the petitioner has no intentir)n to supPress the mater i.rl i - frrrrnation rn PassPort application and furth':r r;ubmitted that due to ili hrall'r tle Petitioner could not make explanatiorL on lhe letter dated 23.03.2021 b:i rre the respond.ent No.2 and pray this Coult to grant liberty to the petitiolt r o rtake such explanation and further pray tlris Court to direct the respor,,J I r t a uthorities to consider the same and issu e t)assPort to the petrtroner 5 Leanr ,l cotrnsel appearing for respondents did not disp ute the same / 3::

6. Recording the submission made by learned counsel appearing on either side' this writ petition is disposed of with a riberty to the petitioner to submit explanation to the letter dated 23.03.2024, within a period of one (01) week from the date of receipt of copy of this order and on such explanatiory the respondent authorities are directed to dispose the same and pass appropriate orders shictly in accordance with law, as expeditiously as possible, preferably, within a period of four (04) weeks from the date of receipt of a copy of petitioner,s explanation and communicate the same to pctitioner.

7. Accorclingty, thc writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shal stand croscd. No costs. //TRUE COPY// SD/. T. JAYASREE STANT REGISTRAR SECTION OFFICER l ecre tary, Union of lndia, Ministry of External n,Patiala House Annexe Govemment of t ndia New Delhi. egional Pass port Office, D.No.8-2-215 to 219, Kummarguda. derabad. C to SRl. G. ARUN KUMAR, Advocate IoPUC C to tl4s. NVR RAJYA LAKS HMI, Ad vocate [OPUC] D Copies atrs, CTV Division , TV-1 To 1 3 4 5. The S Sectio The R Secun One C One C Two C BM GJP CHL i HIGH COUIIT DATED:1 Alffil20Zs iiI t o ,+a \. \:' ORDER WP.No.7232 of ZOZ1 DISPOSING OF THE WRIT PETITION WITHOUT CI]STS @ffis