Saleh Bahamed alias Syeed Ali Bin Abdullah Bahamed v. 1. The State of Telangana

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 any writ order or direction more particularly one in the nature of Writ of ltrlandamus declaring the illegal action of the respondents more particularly respondent No.2 herein in rejecting the petitionirs application vide No.'l 5200401241411027669, seeking issuance of missing/lost certificate for his passport bearing No.H6572569, on 2110112024 without assigning any proper reasons much less cogent reasons as illegal, arbitrary, in violation of principles of Natural Justice, besides being in violation of Articles 14, 19 and 21 of the Constitution of lndia and to consequently direct the respondent No.2 herein to forthwith issue the missing/lost certificate for petitioners passport bearing No.H6572569 based on petitioners application vide No.'15200 401241411027669 daled 0410112024 by setting aside the impugned rejection letter dated 2110412024 issued by the respondent No.2. t.A.NO: 1 0F 2024 Petition Under Section 151 cpc praying that in the l -cumstances stated in the affidavit fired rn support of the petition, the High co.r 1 may be preased to direct the respondent No.2 herein to forthwith issue the mii ;ing/rost certrficate for petitioner's passport bearing No.H657256g based on petiti, ners application vide No.15200401241411027669 dated 0410112024 by settin(, aside the impugned rejection letter dated 2i ro4r2o24 issued by the respondent \ r.2, pending disposar of the above writ petilion. Counsel for the petitioner : SRI KATIKA RAVINDER REDD) Counsel for the Respondents : Gp FOR HOME The Court made the following ORDER THE HONOURABLE SRI WSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.l28O2 of 20.24 ORDER: Heard learned counsel appearing for the petitioner and learned Government Pleader for Home appearing for respondent Nos.1 and 2. With their consent, this writ petition is being taken up for disposal.

2. This writ petition has been filed questioning the action of the respondents more particularly respondent No.2 herein in rejecting the petitioner's application vide No.15200401241411027669 seeking issuance of missing/lost certificate for his passport bearing No.H6572569 on 21.O7.2O24 without assigning any proper reasons much less cogent reasons as being illegal, arbitrary, in violation of principles of Natura.l Justice, besides being in violation of Articles 14, 19 and 21 of the Constitution of India and seeking a consequential direction to respondent No.2 to forthwith issue the missing/lost certihcate for petitioner's passport bearing No.H6572569 based on the petitioner's application vide 1S2OO4Ot24t4tlO27669 dated O4.O1 .2024 by setting aside the impugned rejection letter dated

21.O7.2024 issued by the respondent No.2.

3. The facts in brief as stated are that the petitioner is a resident of Chandrayangutta, Hyderabad and engaged in petty business. Initially the petitioner stayed in Dubai for the purpose of his job during the year 2OO9-2O 1 1 and at that point of time petitioner was having a passport issued by the Ministry of External Affairs bearing I ) No.H6572569 on 08.12.2OOg and the sarne rv 1s valid until 07.12.2019. The petitioner after working in Dubai fo one year while returning to Hyderabad to meet his family members cn 29.Ol.2Oll, when the petitioner de-boarded the flight at H-yrl rrabad airport, petitioner was taken into custody by the respondr rt No.2 police officials on the basis of F.r.R.No.3g 6 of 2oo9 dated r 3.r2.2oo9 and during the said process the petitioner,s passport war; impounded by the respondent No.2 potice officials and since then .l e petitioner is staying in Hyderabad. Thereafter, respondent No.2 filc 1 charge sheet vide C.C.No.392 of 2013 and after completion of triat the petitioner was acquitted by the Chief Metropolitan Magistrate Corr t, Nampally at Hyderabad. After acquittal, petitioner approached 2,,.r espondent for return of his passport but the officials did not heed to r I c request and submitted that the passport was not impounded at r l . Thereafter, petitioner filed w. P. No- 3 7 s66 of 202 1 seeking directior io respondent No.2 to return the petitioner,s passport but responc r nt No.2 filed counter stating that they have not impounded th: passport in C.C.No.392 of 2Ol3 and the said writ petition was disposed of recording the statement of the learned Assistant Gove,r nent pleader. The petitioner thereafter gave representation on ( ): . 12.2023 to respondent No.2 mentioning about the missing/losr; of passport bearing No.H6572569 and the same was acknowlert ed and the paper publication in tw( ) newspapers intimating the pubtic at large about the loss of his passpr 1 requesting them for the retur. of the same, if found. Thereafter, th,t petitioner in petitioner thereafter made J order to get his passport renewed as the existing passport bearing No.H6572569 expired on 07.72.2079 made an application with respondent No.2 seeking issuance of missing/lost certificate in respect of the said passport by narrating facts on O1.O1.2024 and by paying requisite fees but the respondent authorities rejected the petitioner's application for issuance of the missing/loss certificate on 29.O4.2024. Questioning the same, the present writ petition is filed.

4. l,earned counsel for the petitioner drawn attention of this Court to the rejection order dated 2)..O7.2024 and it reads as under: "As per the enquiry officer report, then they enquiry and application was not submitting proper evidence for passport. Hence, closed as rejected."

5. Learned Assistant Government Pleader for Home submits that the respondent authorities have opened a Rowdy Sheet on the petitioner and that it is still continuing.

6. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home and perused the material on record

7. The case of the petitioner is that to the extent of issuance of missing/loss certificate of his passport, he has made an application with respondent No.2 and a paper publication to that effect has been t I made and that unless the petitioner submits missing/loss certificate with the passport authorities, petitioner cannot make application for renewal of his passport. \

8. In that view of the matter, this writ petition is disposed of with consent setting aside the rejection order dated 21. \7.2024 and the petitioner is granted liberty to approach respondent I o.2 and file fresh application along with affidavit and other requirr', documents for issuance of missing/ loss certificate pertaining to h r passport and if such application is made by the petitioner, resp(,r dent No.2 sha-lI consider the same and after proper enquiry and trl strictly following due procedure as contemplated under law, issrt the necessary certificate, enabling the petitioner to file application f rr renewal of his passport.

9. With these obse rvations, writ petition is dispos rd of. No order as to costs. Miscellaneous applications, if any pending, shal stand closed. //TRUE COPY// SD/- C. DEEPIKA S[ iTANT REGISTRAR /- SECTION OFFICER The Principal Secretary, (Home), Secretariat Buildipgp, I tate of Telangana at Hyderabad. The S^tation House Officer, Chandrayangutta police Stat )n, Hyderabad Two CCs to Gp FOR HOIVE. High iou,i'toitf," Stit. o, f"irn'gr;, ii- Hyderabad. [OUT] 9n" 99 to SRt KATTKA RAVTNDER REDDY, Advocate I )pUCl Two CD Copies To 1 ,) 3 4 5 SA GJP HIGH COURT DATED:2011112025 I \. ORDER WP.No.12802 of 2024 : ,!o IU t;i 2flfr 't .../ DISPOSING OF THE W.P WITHOUT COSTS. @