High Court · 2025

Bomma Madhu Kumar, s/o venkateswarru, Aqed about 51 years, occ. Business, [/o.I No 7-8-122, Sriram Hiils, Khammam "firr,, Of,rr.LiJpr*i""ldlii;r. District. AND .....PET|T|oNER '1. The Union of rndia, represented by its secretary To the Government, Min. of ExternalAffairs, CTV Division, TV _1 Section, patiafa iouleln;;;: ii&' Delhi. 2 The. Regignar passport officer, Govt of India Min. of Externar Affairs D.No.B_ 2-215 to 219, Kummarguda, Secunderabad. .....RESPONDENTS Petition Under Article 226 of lhe constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to nature of writ of Mandamus declaring the action on the part of the respondent No,2 in not renewing the passport of the petitioner bearing no. M8291838 pursuant to application of the petitioner dated 10/05/ 2025 for a period of for a period of l0 years in accordance with the section .10 of passport Act 1 g67 and Rule 12 of Rures 1 980 to respondent no. 2 onrine as being iilegar, -passport arbitrary, without jurisdiction. l.A.NO:l oF 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to -. direct the 2nd rr,srro'rdent to renew the passport of thr: petitic,ner bearing no. M8291838 pursLran to application of the petitioner dated lO.O5.2O2S by considering his urderiaking Dated 29.05.2025 pending disp,csal ,rf writ petition in the interest of lLrs ic: Counsel for the F'elitioner : SRI PRAVEEN KUMAR VEEFJALA Counsel for the Fle:;pondents : Ms. N.V.R.RAJYA LAKSHMI, LEIT,RNED STANDING COIJNSEL. FOR SRI GADI PRAVEEN KUMAR, DEPUl'Y SOLICITOR GENERAL OF lNDllr The Court at the s;tage of admission made the following ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.17 499 of 2o25 ORDER: Heard learned counsel for the petitioner and Ms.N.V. R.Rajya Lakshmi, learned standing counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor Genera_l of India appearing on behalf of respondents. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:- "...declaring th.e action of the Respondent No.2 in not reneu.ting the passport of tlrc petitioner beaing No.M8291838 pursuant to tLe application of the petitioner dated 10.O5.2025 for a peiod of 1O years in accordance utith Section 1O of Passport Act, 1967 and Rule 12 of Passport Rules, 19BO to respondent No.2 online as being arbitrary, illegal and tuithout jurisdictioru..."

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has passed an order in W.P.No.639B of 2025 dated 04.03.2025 and, the operative portion of the said order is as follows: "5. Thi.s Court is accordirLglg of th.e uiew that the Writ Petition can be disposed of bg directing ttrc respondent No.2 to consider the explanation/replg submitted bg the petitioner dated 13.O2.2025 and - take steps for reneu.tal of the passport in due \ gmpliance of the findings of the ttoibte Supreme ti2tl Coun n Vangala Kasturi Rangachary4ulu (supra) The ct.ir edions are as follows:: 1i, The petitioner shall submit an undetl tking o'ong tttith an affidauit before tt'e le'arn=d IV ,\dd-itionat Metropolitan Magi:;lrct|e-a tm-IV ,\dditionat Junior Ciuil Judge at L B'l\agar' Rctnga Reddy District in C.C.No.; 53t:j of 2024 stating that he uill not leaue [nalta a uring p=nd,encg of the C.C without perrn.issttn of tlrc Court and he u.till cooperate ruiti\ the Trial C ourt in concluding the criminal 1lroceed'ngs' ii) The Tial Court shall issue a <:zrttfieci copg Lt.r the undertaking and affidat'it tuit"tin 2 ',t,eeks from tlle date of fil;'ng o1 the ,tndertaking. iiii) The petitioner shall submit tht= ce.'tified copA of the aforesaid undertakin.g ctlortg tttith ;)rc reply/ explanation before tt'''z conc'-ried Dassport OJficer for considercttiott oF his 'toplication for renewal of passpo4. ,'iu) The Passport Authoitg shall :or'sid;zr the 'Tocuments in the ligllt of the ob:serutttions nade bg the Courts as well as the tndertaking and otLter document:; fik d bg '.he petitioner. Tle petitioruer sholl a.lso be at 'rbertg to relg on th.e decisions itt ttti s rt gard' l'he petitioner stnll deposit '.hcz or tginal ,cassport before th.e trial Coun in cn minal :zse for renewal of the pctssp'ort. The ,cetitioner shall at libertg to file an ctppli':ation before the learned IV Additional Metropclitan tttagistrate-cum-IV Additional,Iun.ior Ciuil )udge at L.B.Nagar, Ranga Re-dcl;'4 L'istict seeking pennission to trauel cntt:;ide India tnd the learned Magistrate, shall corLsider tlte same in accordance tt-tith lau'.

6. \fith t\e aboue obseruations, the Wr;-t Petit on is disp,o;ec' of. No Costs"

4. L,e ,Lr : rrd counsel for the petitioner lrraar tL is Court to pass simLlirr :rder as passed in W.P.No'631)8 of 2025 dated

04.o3.2025 /

5. Learned Standing counsel appearing on behalf of ::3:: respondents reported no objection in passing similar orders.

6. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for issuance of the passport in due compliance of the hndings of the Honble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationl. The directions are as follows: (i) The petitioner shall submit an undertaking along with an aflidavit before the learned I Addl. Junior Civil _J_9dg. cum Special Judicial First Class Magistrate, Khammam in CC.No.12 SS of 2023 stating that he will not leave India during pendency of the C.C without permission of the Court and he will cooperate with the Trial Court in concluding the criminal pioceedings. (ii) The Trial Court shall issue a certified copy of the undertaking and alfidavit within 2 weeks from the date of filing of the undertaking.. (iii) The-petitioner shall submit the certihed copy of the aforesaid undertaking along with the reply/explanation before the conceined passport Ofhcer for consideration of his application for issuance of passport. (i") The Passport Authority sha1l consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents frled by the petitioner. The peiitioner shall also be at liberty to rely on the deiisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminat case after issuance of the passport. The petitioner shall be at ' 2ozo crl.L.l. 1sc; szz :t4ii libert" tc h1e an application before the 1:anred I Add1. JunLor ();vil Judge cum Special Judicial Irirsr Class Magistr,at:, Khammam, seeking permis:;ion tc travei outsir e 'ndia and the learned Mag;1strate. shall consurle- 1he same in accordalce with laur. ^'. 7 . r\r :r,rrlingly, this writ petition ]S disposed of. Miscellane o; Ls petitions, pending, if any, sh all sta rd closed. However, th,.:r,: s;hall be no order as to costs ,TRUE COPY// SD/. I.VIJAY KUMAR DEPI,ITY REGISTRAR SECTION OFFICER To

1. The Sec'e:ary to the Government, Union of lndia, Mrn of Ex1=rnal Affairs, CTV Div s,:n, ]V -1 Section, Patiala House Annexe, Nerrry De'lhi

2. The Regio.ra F,assport officer, Govt. of lndia Min. o1' Externa I Affairs D. No. 8- 2-2151o 2 19 (ummarguda, Secunderabad.

3. One CC tc S- | PRAVEEN KUMAR VEERJALA, Adv:cate [( PUC] 4. One CC to S; I GADI PRAVEEN KUMAR, DEPUTY iiol-lcl- OR GENERAL 5. Two CD C rpie:; OF lNDl,\, ArJ rr:cate [OPUC] SA BS 4, C.C. TODAY ( C,, TrS I ?-. i.;) -)-:,. .,e :t HIGH COUR'I' DATED:2410612025 ORDER WP.No.17499r of 2025 DISPOSING OF THE W.P AT THE STA(}E OF ADMISSION WITHOUT COSTS. 11 b