The High Court · 2025

Venktesh Pup-p-ala, _S/o Srinivas Puppala, Aged 37 years, Occ Business, Rt/o H. No. 5- 6- 189. NGO- S Colony, Kamareddy Town-and District. AND ...PETITIONER

1. The Union of lndia, Rep. by its Department, CTV Division, W- 1 lndia. New Delhi. Secretary, Ministry of External Affairs Patiala House, Annexe, Government of 2. The Regional Passport Officer, DNo_ B-2-2j5-219. Kummarguda, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution oft 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 gne in the nature of writ of lvlandamus declaring the action of the 2'd respondent (n not renewing the passport of the petitioner vide file No. Hy407506o10432s dated 21. 05. 2025 as illegal, arbitrary violation of An 21 of constitutjon of lndian, without jurisdiction and to consequently direct the respondents forthwith renew the passport of the petitioner vide file No. HY40750601o4325 dated 21 . os. 2o2s for a period of 10 years under section 10 of Pass Ports Act,1967 and Rule 12 of passport Rules. 1980 without reference to the criminal proceedings pending against the petitioner in cc. No. '1856 of 2021 on the file of the Hon'ble Judicial Magistrate of First class, Kamareddy and also the Gazette notification issued by the Government of lndia vide GSR No.570 (E) dated 25.08. 1993. I lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to consideir the petitioner application for renewal of passport vide fite No. HY40750601043& dated 21 .05.2025 for a period of 10 years under section 1O of Pass Ports Act. 1967 and Rule 12 of passport Rules 1980 without reference to the criminal proceedings pending against the petitioner in cc. No. 1856 of 2021 on the file of the Hon'ble Judicial lvlagistrate of First class, Kamareddy and also the Gazette notification issued by the Government of lndiavideGSRNo.5To(E)dated25.0B.lgg3pendingdisposaloftheWrit petition Counsel for the Petitioner: SRl. ANUGU SANJEEVA REDDY Counsel for the Respondents: SRI PULIMAMIDI SHASHIDHAR REDDY The Court made the following: ORDER HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR UTRIT PETITION No. I 949a of 2O2S ORDER: Heard learned counsel for rh\retiLioner and lerarned Stancling Counsel for Central Government appe:rring lor respondents.

2. This Writ petition, under Article 226 of the Constitution of Indra, is hled seeking the follou,ing r.clrc-t-: '....to issue a Wit, order or directjon nnre partiaiarLg one in the nature of Wit of Mandamus declaing th-e actLon of th<: 2,,i respondent in not renewing the passport oJ the petitioner utcli trte uo.uy.1o75060104325 dated 21.O5.2O25 as illegal, orbth(ittt, rLt,LutiotL of Art 2t oj Constitution of Indian uithout juisdiction ond to in,tscclu<,,ttti drrect 1e respondents forthuith renew th.e _ passpot t cl |he pettton"t ui(1e fne No. Hy40250601O432 S dated .t j.Or.2C.:; lor ct penocl. o1. I () qears under section 10 of pa.ssports Act, 1967 arrci Rule li oJ.passporr Rules 19BO without reference to the cimiloL proceedirys- pentling agalnst the petitioner in CC No.1856 of 202 t or, tne fitJ of the lt-o,,,i" ,tuat"ti Magistrate o/ t-irsf Clcss, Kamarecklg crnd ilso i'he Gozeue noti,fi.catton issued bg the Gouernment oJ ind,c: rrde G>^R No.5tO E datecj 25.08.1993...' I

3. The petitioner submits thar l,re \(..rs issuccl pur.poi, bearing No.J3445843 on 14.O2.20L1, and hc applicd for renewal of the passport vide application No-Hy4075060104325 datt:d. 2r.o5.2o2s with all details, and even aftr:r givir.rg all th(, inlorrnation of Lhe criminal case, Ref.No.OBJ/ 1049319314 /25 datud I 106.2O2S sougt)r clarification lrom the petitioner before issuing pa:, jporr on Lhc gror rnd of adverse police report that he was inVOl,,cd jn zr criminal i ase vide l.ll? respondent No.2 vide letter r 2 No.105 of 2O2l datecl 21.06.2021 'lhe petitioner in response to the said nolice submitted explanation dated 19.06.2025 and submittcd all relevant documents, and therealter, respondent No.2 informed lhat thc petjtioner's pr".po} 'r'oulcl not be reneu'ed unt'il linalization of criminal proceedings in C-C.No.1856 of 202 I It is furLhcr stated that the passport authority can refuse to issue the passport onty if an applicant is convicted during the period of 5 years imtnediately preceding the date of application for offences ir-rvolving moral turpitude and sentenced for imprisonment o[ not Iess thar-r two vears, and the criminal case registered against the petitioncr is pe nding for trral q'ith regard to a n olfence under Seclion 353 of IPC, as such respondent No\'2 cannoL keep the pe[itioner's application pending for renewal of passporl nor reluse to granL such renewal. Aggricved by the same, thisr*'rit petirion is filed.

4. Learned Standing Counsel for Central Government appearlng for respondents submits that order dated 23.06.2025 statcs that if the petitioner is r-rot satished, lre r-nay prefer an appeal to the Joint Secretary (PSP) & Chief Passport Officer, CPV Division, Ministry of Ifxternai Affairs, New Delhi, under Section 11 of tl-re Passport Act, 1967, rvithin 30 days from the date of receipt of the letler. Learned Standing (lounscl lurther subn'rils that petitioner still has time to J prefer an appeal, and in view of Lhe zrlternativc remed-y, writ petition ts not maintainable

5. However, learned counsel for the petitioner has not made any submissions to the extent of trr..[t,.i,,abi]it-r, ul rhis writ petition when an effective and alternative remedy is available.

6. Since the petitioner has not stated any cogent reasons lor not approaching the appellate author-i[y, aL this staf]c. thc ordcr ciated

23.06.2025 warrants no interference. Accordingly, this writ petition is dismissed. However, this order would not preclude the per itioner to h1e an appeal under Section l l of rhe passport Act, 1967. No order as to costs. As a sequel, the miscellaneous petitions pending, if anr, shall stand closed. SD/- III. OSMAN ALI BAIG SI TANT REGISTRAR //TRUE COPY// SECTION OFFICER To, i.ff 5EE,,S.'#niiy^?f,:ai3Eixfl E,?R_43b.,:l%g3:u.f oo,.1 og M KS HIGH COURT DATED:1510712025 \ ORDER WP.No.19498 of 2025 ' t s ra i.-i- .. . c!)-:\,, .-\() i-) t ., +* 16 SEP 216 5r-'";r'Pf C \ DISMISSING THE WRIT PETITION WITHOUT COSTS c